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PEOPLE v. ANDSON

No. 78-1850.

73 Ill. App.3d 700 (1979)

392 N.E.2d 358

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Respondent-Appellant, v. JOHN ANDSON, Defendant-Petitioner-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed July 9, 1979.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Iris E. Sholder, and Ira H. Raphaelson, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (James H. Reddy, Assistant Public Defender, of counsel), for appellee.

Order affirmed.

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

On March 12, 1973, after a bench trial, John Andson (petitioner) was found guilty of rape (Ill. Rev. Stat. 1971, ch. 38, par. 11-1) and sentenced to 5 to 15 years. On July 22, 1974, petitioner filed a petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1973, ch. 38, par. 122-1 et seq.). Subsequently, he filed a supplemental petition wherein he alleged,

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