[DOWNLOAD] "People v. Kester" by Supreme Court of Illinois " Book PDF Kindle ePub Free

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eBook details

• Title: People v. Kester
• Author : Supreme Court of Illinois
• Release Date : January 23, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The defendant, James Stephen Kester, entered negotiated pleas of guilty in Peoria County circuit court to indictments charging him with burglary and unlawful delivery of cannabis. The trial court entered judgment on the pleas, sentenced him to concurrent penitentiary terms of 2 to 10 years and 1 to 3 years, respectively, and imposed a $250 fine. On appeal by defendant from the burglary conviction, a divided appellate court reversed and remanded on the grounds that the defendant had been prejudiced by a conflict of interest resulting from the fact that the court-appointed assistant public defender who represented him at the time the pleas of guilty were accepted had appeared earlier in the same criminal proceeding on behalf of the People as an assistant State's Attorney. (People v. Kester (1975), 33 Ill. App.3d 262.) We granted the People's petition for leave to appeal. On January 10, 1973, the Peoria County grand jury returned an indictment charging the defendant with burglary. An assistant State's Attorney subsequently made three court appearances on behalf of the People on the burglary charge. On January 16, 1973, he filed a motion for discovery and also moved for the issuance of a bench warrant and for an order forfeiting defendant's bond as a consequence of defendant's failure to appear for arraignment on that date. The motions were granted. He next appeared on January 26, when he renewed his motion for the issuance of a bench warrant and entry of an order forfeiting bond when defendant again failed to appear for arraignment. The motions were again granted, and defendant was subsequently arrested. On April 17, 1973, the assistant State's Attorney was present in court on behalf of the People when the defendant was furnished with a copy of the indictment. An order was entered on that date appointing the public defender of Peoria County to represent the defendant and setting a date for the filing of any motions preliminary to a plea. Defendant subsequently entered a not guilty plea, and shortly thereafter, the assistant left the State's Attorney's office to accept a position as an assistant public defender, where he was given the duty of representing defendant in the pending burglary case.

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