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PEOPLE v. COWHERD

No. 82-498.

114 Ill. App.3d 894 (1983)

449 N.E.2d 589

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIAM T. COWHERD, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed May 17, 1983.

Attorney(s) appearing for the Case

G. Joseph Weller and Michael F. Braun, both of State Appellate Defender's Office, of Elgin, for appellant.

Fred L. Foreman, State's Attorney, of Waukegan (Phyllis J. Perko and Judith M. Pietrucha, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

Defendant, William T. Cowherd, appeals from the dismissal without an evidentiary hearing of his amended post-conviction petition filed pursuant to the Post-Conviction Hearing Act. Ill. Rev. Stat. 1981, ch. 38, par. 122-1 et seq.

The only issue defendant raises on appeal is whether the trial court erroneously dismissed his amended post-conviction petition because the...

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