People v. Ballay

Mr. PRESIDING JUSTICE DIERINGER

delivered the opinion of the court:

This is an appeal from an order entered by the Circuit Court of Cook County denying defendant’s post-conviction petition.

The issues presented on appeal are (1) whether the trial court properly dismissed defendant’s post-conviction petition without an evidentiary hearing; and (2) whether the trial court erred in sentencing defendant to concurrent sentences of 9 to 15 years on all seven indictments.

The defendant, Carl J. Ballay, a/k/a Edward Smith, was indicted for two counts of rape, one count of attempt rape, three counts of…