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PEOPLE v. COOPER

No. 4-85-0404.

142 Ill. App.3d 223 (1986)

491 N.E.2d 815

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ONIE COOPER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed March 31, 1986.

Attorney(s) appearing for the Case

Daniel D. Yuhas and David Bergschneider, both of State Appellate Defender's Office, of Springfield, for appellant.

Michael M. McFatridge, State's Attorney, of Paris (Kenneth R. Boyle, Robert J. Biderman, and Gwendolyn Klingler, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

JUSTICE MORTHLAND delivered the opinion of the court:

We have before us now an appeal arising out of the Post-Conviction Hearing Act (Ill. Rev. Stat. 1983, ch. 38, par. 122-1 et seq.) where the record is replete with indications that, procedurally at least, the Act as amended was not properly considered.

As such, we find it necessary to set out the revised statutory scheme before embarking upon our disposition of the matter...

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