People v. Miller

The defendant, Larry Miller, appeals from an order of the circuit court of McDonough County denying his petition for post-conviction relief. Regretfully, we reverse and remand this cause for a new trial.

This is the second time the defendant appears before this court. In 1977, we affirmed on direct appeal his conviction for the rape of a Western Illinois University co-ed for which he received a sentence of not less than 20 nor more than 30 years’ incarceration (People v. Miller (1977), 46 Ill. App. 3d 882, 361 N.E.2d 373). Following our affirmance of his conviction, the defendant filed a…