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PEOPLE v. WISER

No. 12493.

27 Ill. App.3d 208 (1975)

326 N.E.2d 198

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CLYDE O. WISER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

April 10, 1975.

Attorney(s) appearing for the Case

John F. McNichols, J. Daniel Stewart, and Daniel D. Yuhas, all of State Appellate Defender's Office, of Springfield, for appellant.

Richard W. Leiken, State's Attorney, of Eureka (Kai A. Wallis, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. PRESIDING JUSTICE SIMKINS delivered the opinion of the court:

On August 1, 1972, defendant-appellant Clyde O. Wiser, pursuant to plea negotiations, entered his plea of guilty to the charge of theft over $150. He was sentenced to an indeterminate term of 2 to 10 years. There was no direct appeal from the conviction.

On October 23, 1973, a hearing was had on defendant's petition for

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