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PEOPLE v. HILLENBRAND

No. 3-85-0573.

146 Ill. App.3d 1075 (1986)

497 N.E.2d 798

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HENRY CARTER HILLENBRAND, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied October 2, 1986.

Attorney(s) appearing for the Case

Thomas A. Lilien, of State Appellate Defender's Office, of Ottawa, for appellant.

Gary L. Peterlin, State's Attorney, of Ottawa (Gerry R. Arnold, and Walter Hehner, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part, and reversed in part and remanded.

JUSTICE STOUDER delivered the opinion of the court:

On October 19, 1970, the defendant, Henry Hillenbrand, was convicted on two counts of the offense of murder based on his negotiated plea of guilty. Under the terms of the plea bargain the State agreed not to seek the death penalty. Prior to sentencing the defendant escaped from the La Salle County jail. On May 2, 1983, the defendant was recaptured in Missouri...

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