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PEOPLE v. BATES

No. 65057.

124 Ill.2d 81 (1988)

529 N.E.2d 227

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FRANK BATES, Appellee.

Supreme Court of Illinois.

Opinion filed June 20, 1988.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Roma Jones Stewart, Solicitor General, Mark L. Rotert and Terence M. Madsen, Assistant Attorneys General, and Thomas V. Gainer, Jr., Steven J. Zick, Kenneth T. McCurry, James E. Fitzgerald and Nancy A. Donahoe, Assistant State's Attorneys, all of Chicago, of counsel), for the People.

Paul P. Biebel, Jr., Public Defender, and Zaven Peter Tokatlian and Ronald P. Alwin, Assistant Public Defenders, of Chicago, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE RYAN delivered the opinion of the court:

The State brings this appeal from a decision of the appellate court, which, by a Rule 23 order (107 Ill.2d R. 23), reversed the circuit court of Cook County's dismissal of the defendant's petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1985, ch. 38, par. 122-1 et seq.). 152 Ill.App.3d 1163 (unpublished order under Supreme Court Rule 23...

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