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PEOPLE v. KUEHNER

No. 4-12-0901.

8 N.E.3d 1148 (2014)

380 Ill. Dec. 606

2014 IL App (4th) 120901

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Danny KUEHNER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

April 10, 2014.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender's Office, Springfield, Alan D. Goldberg , Kieran M. Wiberg (argued), State Appellate Defender's Office, Chicago, for appellant.

John Milhiser , State's Attorney, Springfield ( Patrick Delfino , David J. Robinson , Kathy Shepard (argued), State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

Justice STEIGMANN delivered the judgment of the court, with opinion.

¶ 1 In October 2005, defendant, Danny Kuehner, entered an open plea of guilty to attempt (first degree murder) (720 ILCS 5/8-4, 9-1(a)(1) (West 2004)) and home invasion (720 ILCS 5/12-11(a)(2) (West 2004)). In February 2007, defendant filed a motion to withdraw his guilty plea, alleging that his guilty plea was not knowing and voluntary because of his attorney's deficient advice...

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