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PEOPLE v. SUTTON

No. 4-91-0696.

594 N.E.2d 752 (1992)

229 Ill. App.3d 960

171 Ill.Dec. 608

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Shawn SUTTON, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied July 14, 1992.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Spring field and Karen Munoz, Asst. Defender, for defendant-appellant.

Lawrence R. Fichter, State's Atty., Decatur, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, and Elliott Turpin, Staff Atty., for plaintiff-appellee.

Justice LUND delivered the opinion of the court:

Following a stipulated bench trial in the circuit court of Macon County, defendant was convicted of first degree murder (Ill. Rev.Stat.1989, ch. 38, par. 9-1) and sentenced to 40 years' imprisonment. No direct appeal was taken, and defendant's petition for leave to file a late notice of appeal was denied. A pro se petition for post-conviction relief was denied following an evidentiary hearing. This appeal followed...

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