People v. Smith

Theodore Smith, the petitioner, was convicted of rape in a trial before the court without a jury and sentenced to imprisonment for a term of four to seven years. The appellate court affirmed the conviction (People v. Smith (1972), 8 Ill. App. 3d 36, 288 N.E.2d 694); petitions to the appellate court for a rehearing and to the Illinois Supreme Court for review were denied. Subsequently, the petitioner twice sought relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1975, ch. 38, par. 122—1 et seq.). His first pro se petition, later amended and argued by appointed counsel, and his…