PEOPLE v. OTIS

No. 84-0396.

135 Ill. App.3d 718 (1985)

479 N.E.2d 40

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL D. OTIS, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed June 17, 1985.


Attorney(s) appearing for the Case

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

James E. Ryan, State's Attorney, of Wheaton (Phyllis J. Perko and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Reversed and remanded.

JUSTICE LINDBERG delivered the opinion of the court:

Defendant, Michael Otis, appeals from the judgment of the circuit court of Du Page County entered on his plea of guilty to residential burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19-3), and his sentence to an eight-year term of imprisonment. He argues on appeal that he was denied the effective assistance of counsel by his trial counsel's misapprehension that he had to plead guilty...

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