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PEOPLE v. FLOYD

No. 5-89-0512.

569 N.E.2d 245 (1991)

210 Ill. App.3d 840

155 Ill.Dec. 245

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tommy Gordon FLOYD, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

March 15, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Janet L. Gandy, Asst. Defender, Office of the State Appellate Defender, Mount Vernon, for defendant-appellant.

Mark Stanley, State's Atty., Carmi, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Office of the State's Attys. Appellate Prosecutor, Mount Vernon, for plaintiff-appellee.

Justice HARRISON delivered the opinion of the court:

Defendant, Tommy Gordon Floyd, appeals from a judgment of the circuit court of White County which summarily dismissed his pro se post-conviction petition. As grounds for his appeal, defendant contends that the dismissal is void and must be set aside because the circuit court violated section 122-2.1 of the Post-Conviction Hearing Act (Ill.Rev.Stat.1989, ch. 38, par. 122-2.1) when it failed to render its dismissal...

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