PEOPLE v. LESTER

No. 2-93-0271.

634 N.E.2d 356 (1994)

261 Ill. App.3d 1075

199 Ill.Dec. 517

The PEOPLE of the State of Illinois, Respondent-Appellee, v. Chester LESTER, Petitioner-Appellant.

Appellate Court of Illinois, Second District.

May 12, 1994.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of State Appellate Defender, Charles M. Schiedel, Dpty. Dfr., Office of State Appellate Defender, Springfield, for Chester Lester.

David R. Akemann, Kane County State's Atty., St. Charles, William L. Browers, Deputy Director, Martin P. Moltz, State's Atty. Appellate Prosecutor, Elgin, for the People.


Justice McLAREN delivered the opinion of the court:

The petitioner, Chester Lester, appeals from an order of the circuit court of Kane County granting the State's motion to dismiss his petition for post-conviction relief without an evidentiary hearing. We reverse and remand.

The petitioner was charged by indictment with three counts of first-degree murder (Ill. Rev.Stat.1983, ch. 38, pars. 9-1(a)(1), (a)(2) (now codified, as amended, at 720 ILCS 5/9-1(a)(1...

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