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PEOPLE v. PHINNEY

No. 4-92-0994.

620 N.E.2d 444 (1993)

250 Ill. App.3d 858

189 Ill.Dec. 476

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Howard PHINNEY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 2, 1993.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Charles M. Schiedel, Deputy Defenders, Office of the State Appellate Defenders, Springfield, for defendant-appellant.

Thomas J. Brown, State's Atty., Pontiac, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, James Overholt, Staff Atty., Springfield, for plaintiff-appellee.

Justice KNECHT delivered the opinion of the court:

Defendant Howard Phinney appeals from a Livingston County circuit court judge's dismissal of his petition for post-conviction relief. (Ill.Rev.Stat.1989, ch. 38, pars. 122-1 through 122-8.) He contends this ruling was error because the trial judge's role in a prior prosecution of defendant required the trial judge to recuse himself from defendant's sentencing hearing. The...

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