APPEAL from the Circuit Court of Cook County; the Hon. RICHARD
A. HAREWOOD, Judge, presiding.
MR. PRESIDING JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:
This appeal was transferred by the Supreme Court to this court and is from a dismissal of a post-conviction petition in the Circuit Court of Cook County. The petitioner, Fred Jones, was charged with unlawful possession of a narcotic drug. In a jury trial he was found guilty and sentenced to a term of not less than ten nor more than fifteen years. He then appealed to this court where the judgment was affirmed. People v. Jones, 76 Ill. App.2d 186.
On January 5, 1967, the petitioner filed a pro se post-conviction petition and on May 5, 1967, the court granted the State's motion to strike the petition and dismiss the proceedings. The dismissal was appealed to the Supreme Court of Illinois, and on November 20, 1968, upon motion and stipulation, the court ordered the cause remanded for further post-conviction proceedings and appointment of counsel other than the public defender.
On February 17, 1970, the petitioner, through his appointed attorney, filed an amended petition alleging the trial record failed to show whether the petitioner was present in court at the time the verdict was rendered and sentence imposed, and that the police failed to announce their station and purpose before forcing entry at the time of the arrest.
The first contention of the petitioner is contradicted by the record itself which shows the petitioner was present during the rendition of verdict and sentencing:
"THE COURT: Ten to fifteen years in the Illinois State Penitentiary. Now, Mr. Jones, if you want to appeal I suppose you will exercise that right. Do you want to appeal from the finding and judgment of the Court?
In regard to the second contention the record shows the policemen announced their station but did not get the opportunity to disclose their purpose.
"Q. Did you attempt to gain entry?
Q. In what manner was this done?
A. Officer Craig knocked on the door and the door was opened by a man, by Fred Jones.
Q. What, if anything, was said at this time?
A. The door was opened about one and a half, two inches, with a burglar chain on the door. We announced our office, showed our stars. At this time the door was slammed and the defendant Fred Jones yelled, "Police." At this time we forced entry into ...