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PEOPLE v. NOVAK

No. 4-90-0090.

200 Ill. App.3d 189 (1990)

558 N.E.2d 644

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS L. NOVAK, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed July 26, 1990.

Attorney(s) appearing for the Case

Daniel D. Yuhas, of State Appellate Defender's Office, of Springfield, for appellant.

Scott H. Walden, State's Attorney, of Quincy (Kenneth R. Boyle, Robert J. Biderman, and Rebecca L. White, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE LUND delivered the opinion of the court:

On December 26, 1989, defendant Dennis Novak filed a pro se petition pursuant to the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1989, ch. 38, pars. 122-1 through 122-8) in the circuit court of Adams County. On January 3, 1990, the State filed a motion to dismiss. On January 23, 1990, a hearing was held with only the State present, and the court, granting the motion, dismissed...

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