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PEOPLE v. BAINTER

No. 81-207.

102 Ill. App.3d 1029 (1981)

430 N.E.2d 721

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD BAINTER, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed December 31, 1981.

Attorney(s) appearing for the Case

Robert Agostinelli and Stephen Omolecki, both of State Appellate Defender's Office, of Ottawa, for appellant.

Thomas J. Homer, State's Attorney, of Lewistown (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE STOUDER delivered the opinion of the court:

The defendant, Richard Bainter, was convicted of theft of property having a value in excess of $150 following a jury trial in the circuit court of Fulton County. On appeal, he raises the following issues: (1) whether his attorney labored under a per se conflict of interest where defense counsel had previously represented the State's chief witness in a prosecution for the same offense...

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