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PEOPLE v. PHELPS

No. 42092.

51 Ill.2d 35 (1972)

280 N.E.2d 203

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DONALD PHELPS, Appellant.

Supreme Court of Illinois.

Rehearing denied March 28, 1972.

Attorney(s) appearing for the Case

RICHARD N. MOLCHAN, of Peoria, appointed by the court, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and ROBERT S. CALKINS, State's Attorney, of Peoria, (THOMAS J. IMMEL, Assistant Attorney General, and JOHN D. RIDDLE, Assistant State's Attorney, of counsel,) for the People.

Judgment affirmed.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

In 1964 petitioner Donald Phelps pleaded guilty in the Peoria County circuit court to count I of an indictment for murder. Upon the recommendation of the State's Attorney he was sentenced to not less than 25 nor more than 75 years imprisonment. In response to petitioner's pro se petition filed in 1968 pursuant to the Post-Conviction Hearing Act, (Ill. Rev. Stat. 1967...

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