PEOPLE v. HOLLIDAY

No. 5-97-0976.

732 N.E.2d 1 (2000)

313 Ill. App.3d 1046

247 Ill.Dec. 285

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Cecil HOLLIDAY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted June 8, 2000.

Opinion Filed June 8, 2000.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

William R. Haine, State's Attorney, Edwardsville, Stephen E. Norris, Deputy Director, State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.


Justice HOPKINS delivered the opinion of the court:

Defendant appeals from the trial court's summary dismissal of his two postconviction petitions without an evidentiary hearing within the first 90 days after they were filed. See 725 ILCS 5/122-2.1 (West 1998). These cases were consolidated on appeal. At issue is whether defendant was entitled to an evidentiary hearing on either of these petitions. We find that defendant was entitled to an evidentiary hearing on his...

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