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09/01/88 the People of the State of v. Frank House

September 1, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

FRANK HOUSE, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

528 N.E.2d 449, 174 Ill. App. 3d 219, 123 Ill. Dec. 904 1988.IL.1338

Appeal from the Circuit Court of Sangamon County; the Hon. C. Joseph Cavanagh, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. GREEN, P.J., and LUND, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

The defendant Frank House pleaded guilty to the charge of armed robbery. At a sentencing hearing on September 18, 1984, the defendant was sentenced to a term of incarceration of 15 years. On September 19, 1984, the defendant filed a pro se motion to withdraw his guilty plea. At a hearing on February 15, 1985, the trial court denied the defendant's motion to withdraw his guilty plea. This decision was affirmed by this court in a Rule 23 order (107 Ill. 2d R. 23) entered January 13, 1986. (People v. House (1986), 138 Ill. App. 3d 1168 (order under Supreme Court Rule 23).) On September 4, 1987, the defendant filed a pro se post-conviction petition and at a hearing on December 4, 1987, a hearing was held on defendant's post-conviction petition. The court subsequently entered an order granting the State's motion to dismiss and the defendant filed a timely notice of appeal. The only issue presented for review is whether the defendant is entitled to a new sentencing hearing because two prior convictions used against the defendant in aggravation were reversed by this court on constitutional grounds.

We affirm the dismissal of the petition.

Although the defendant asserts there are two reversed convictions and sentences, it should be noted that the presentence report which was filed prior to sentencing shows a single theft conviction in Sangamon County, Illinois, case No. 83 -- CM -- 1305. The presentence report does not show the theft conviction reversed by this court in a Rule 23 order, June 18, 1984 (People v. House (1984), 125 Ill. App. 3d 1175 (order under Supreme Court Rule 23)).

The defendant has waived any issue concerning the merits of his petition when one looks only at the dates and the substance of the record in this case.

Insofar as this appeal is concerned, the following dates are important:

June 18, 1984 Appeal of People v. House,

83 -- CM -- 1305, theft conviction

reversed.

August 13, 1984 Defendant enters ...


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