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PEOPLE v. MILLER

No. 5-85-0086.

144 Ill. App.3d 69 (1986)

493 N.E.2d 1095

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ORVAL JAMES MILLER, Defendant, Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied June 24, 1986.

Attorney(s) appearing for the Case

Randy E. Blue, of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Kenneth R. Boyle and Stephen E. Norris, both of State's Attorneys Appellate Service Commission, of Mt. Vernon, for the People.

Order reversed and judgment vacated.

JUSTICE HARRISON delivered the opinion of the court:

The petitioner, Orval James Miller, was convicted of armed violence by the circuit court of Perry County sitting without a jury and was sentenced to eight years' imprisonment. The underlying offense of the armed violence conviction was voluntary manslaughter. Petitioner's direct appeal to this court was affirmed pursuant to Supreme Court Rule 23 (87 Ill.2d R. 23), (

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