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PEOPLE EX REL. VANCO v. MORRIS

No. 76-179 (75-440).

37 Ill. App.3d 631 (1976)

347 N.E.2d 178

THE PEOPLE ex rel. ALAN E. VANCO, Petitioner-Appellee, v. ERNEST MORRIS, Warden, Illinois State Penitentiary at Joliet, et al., Respondents-Appellants.

Appellate Court of Illinois — Third District.

Opinion filed May 12, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Edward N. Morris, of Illinois State's Attorneys Association, of counsel), for appellants.

Ralph Ruebner, of State Appellate Defender's Office, of Elgin, for appellee.

Order reversed.

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

Following consideration of the above cause, a preliminary opinion was filed affirming the trial court action. Thereafter, a petition for rehearing and an application for a certificate of importance was filed in this cause. By reason of the recent decision of the Illinois Supreme Court in People v. Gilmore, 63 Ill.2d 23, it becomes necessary...

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