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PEOPLE EX REL. BORGMANN v. BRANTLEY

No. 73-45.

16 Ill. App.3d 10 (1973)

305 N.E.2d 291

THE PEOPLE ex rel. EARL BORGMANN, Petitioner-Appellant, v. ELZA BRANTLEY, Warden, Illinois State Penitentiary at Menard, Respondent-Appellee.

Appellate Court of Illinois — Fifth District.

December 10, 1973.

Attorney(s) appearing for the Case

Robert E. Farrell, Deputy Defender, of Mount Vernon (Richard E. Cunningham, Assistant Appellate Defender, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield and Walter E. Moehle, State's Attorney, of Nashville (James B. Zagel and Ronald Hanna, Assistant Attorneys General, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE CREBS delivered the opinion of the court:

In June, 1972, pursuant to a plea agreement, Earl Borgmann, herein referred to as defendant, pleaded guilty to one count of a five count burglary indictment and was sentenced to the penitentiary for a term of not less than two nor more than five years. In November, 1972, defendant's petition for a writ of habeas corpus, alleging that the indictment was fatally defective, was denied by...

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