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PEOPLE v. BROTHERS

No. 2-87-0337.

179 Ill. App.3d 788 (1989)

535 N.E.2d 45

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN L. BROTHERS, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed February 22, 1989.

Attorney(s) appearing for the Case

G. Joseph Weller and Kim M. DeWitt, both of State Appellate Defender's Office, of Elgin, for appellant.

Robert J. Morrow and Gary V. Johnson, State's Attorneys, of Geneva (William L. Browers, of State's Attorneys Appellate Prosecutor's Office, of Elgin, and John X. Breslin, of State's Attorneys Appellate Prosecutor's Office, of Ottawa, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE UNVERZAGT delivered the opinion of the court:

Defendant, John Brothers, appeals from an order of the trial court which dismissed his petition for relief pursuant to the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1987, ch. 38, par. 122-1 et seq.). On appeal, defendant contends that (1) the trial court's dismissal of his petition without first appointing counsel violated his due process rights and the doctrine...

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