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PEOPLE v. BAKER

No. 4-84-0747.

138 Ill. App.3d 638 (1985)

486 N.E.2d 331

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JERRY TATE BAKER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed November 21, 1985.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Diana N. Cherry, both of State Appellate Defender's Office, of Springfield, for appellant.

Jeffrey K. Davison, State's Attorney, of Decatur (Robert J. Biderman and Denise M. Ambrose, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

JUSTICE WOMBACHER delivered the opinion of the court:

Defendant Jerry Baker appeals the denial of his post-conviction petition. He claims that the judge that presided at his trial should not have ruled on the petition. We agree and, therefore, reverse.

Defendant was convicted in 1981 of murder. Judge Morthland presided at the trial. This court affirmed the direct appeal. Defendant brought the instant proceedings by filing a petition...

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