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PEOPLE v. YARBAR

No. 76-243.

43 Ill. App.3d 668 (1976)

357 N.E.2d 166

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES YARBAR, a/k/a James Yardbrough, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 3, 1976.

Attorney(s) appearing for the Case

James Geis and Gordon Berry, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Joan S. Cherry, and Randolph T. Kemmer, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed as modified.

Mr. JUSTICE ADESKO delivered the opinion of the court:

This is an appeal from a dismissal of defendant's pro se petition under the Civil Practice Act (Ill. Rev. Stat. 1973, ch. 110, par. 72) which he now wishes to treat as a petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1973, ch. 38, par. 122-1 et seq.). The issues presented for review are:

"(1) Whether defendant's appeal may be brought...

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