People v. Phelps

In 1964 petitioner Donald Phelps pleaded guilty in the Peoria County circuit court to count I of an indictment for murder. Upon the recommendation of the State’s Attorney he was sentenced to not less than 25 nor more than 75 years imprisonment. In response to petitioner’s pro se petition filed in 1968 pursuant to the Post-Conviction Hearing Act, (Ill.Rev.Stat. 1967, ch. 38, par. 122 — 1 et seq.), counsel was appointed and an amended petition was filed which alleged that petitioner had been illegally arrested, confined for more than 40 days without the benefit of counsel, and coerced into…