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PEOPLE v. TEAGUE

No. 79-79.

83 Ill. App.3d 990 (1980)

404 N.E.2d 1054

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES TEAGUE, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed May 7, 1980.

Attorney(s) appearing for the Case

Robert Agostinelli and G. Joseph Weller, both of State Appellate Defender's Office, of Ottawa, for appellant.

L. Patrick Power, State's Attorney, of Kankakee (John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

In this case, the defendant, James Teague, appeals from an order of the Circuit Court of Kankakee County dismissing, without an evidentiary hearing, his amended petition for post conviction relief. For the reasons stated hereafter, we reverse and remand for a new trial.

From the record it appears that two weeks prior to the defendant's

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