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PEOPLE v. SEIDLER

No. 4-89-0943.

561 N.E.2d 386 (1990)

203 Ill. App.3d 666

149 Ill.Dec. 108

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Kenneth SEIDLER, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Rehearing Denied November 8, 1990.

Attorney(s) appearing for the Case

Donald M. Cadagin, State's Atty., Springfield, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Denise M. Ambrose, Sr. Staff Atty., for plaintiff-appellant.

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, David Bergschneider, Asst. Defender, for defendant-appellee.

Justice LUND delivered the opinion of the court:

On May 12, 1989, defendant Kenneth Seidler filed a petition for post-conviction relief in the circuit court of Sangamon County. On November 17, 1989, the circuit court granted the petition and ordered a new trial. The State now appeals. We reverse.

On June 7, 1984, defendant was found guilty of committing the offense of rape. He subsequently received a 40-year prison sentence. On direct appeal, this court in...

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