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PEOPLE v. CARTER

No. 4-91-0068.

586 N.E.2d 835 (1992)

223 Ill. App.3d 957

166 Ill.Dec. 877

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Johnnie E. CARTER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 30, 1992.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Charles L. Jones, Asst. Defender, for defendant-appellant.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Rebecca L. White, Staff Atty., for plaintiff-appellee.

Justice LUND delivered the opinion of the court:

Defendant Johnnie Carter appeals the dismissal of his petition for relief under the Post-Conviction Hearing Act (Act) (Ill.Rev. Stat.1989, ch. 38, par. 122-1 et seq.). We reverse and remand.

On November 24, 1987, defendant was charged by information with one count of residential burglary. (Ill.Rev.Stat.1987, ch. 38, par. 19-3.) On December 1, 1987, the public defender was appointed to represent

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