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PEOPLE v. KRAUS

No. 82-481.

122 Ill. App.3d 882 (1984)

461 N.E.2d 1036

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARTIN KRAUS, a/k/a Gary Russell, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied April 27, 1984.

Attorney(s) appearing for the Case

G. Joseph Weller and Paul J. Glaser, both of State Appellate Defender's Office, of Elgin, for appellant.

Eugene Stockton, State's Attorney, of Dixon (Phyllis J. Perko, Gene Armentrout, and Martin P. Moltz, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Order affirmed.

JUSTICE HOPF delivered the opinion of the court:

Defendant, Martin Kraus, appeals from the denial of his motion to withdraw his guilty plea, which was entered on the charge of murder (Ill. Rev. Stat. 1981, ch. 38, par. 9-1(a)(2)) in the circuit court of Lee County. On appeal, he claims (1) that his guilty plea was the product of a misapprehension of the applicability of the death penalty in this case and that such misapprehension requires the...

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