People v. Winfrey

State: Illinois

Court: 2nd District Appellate

Docket No: 2-02-1224 Rel

Case Date: 04/22/2004

No. 2--02--1224

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

Plaintiff-Appellee,

ALBERT S. WINFREY,

Defendant-Appellant.

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Appeal from the Circuit Court
of Lake County.

No. 98--CF--3375

Honorable
Victoria A. Rossetti,
Judge, Presiding.

PRESIDING JUSTICE O'MALLEY delivered the opinion of the court:

Defendant, Albert S. Winfrey, appeals the trial court's summary denial of his habeas corpuspetition. He contends that, in dismissing his petition, the court improperly treated it as apostconviction petition. We reverse and remand.

Defendant filed a pro se petition for habeas corpus relief. See 735 ILCS 5/10--101 et seq.(West 2002). In his petition, he argued that the Department of Corrections (DOC) had revoked hisgood-conduct credit in violation of the Illinois Administrative Code (20 Ill. Adm. Code