People v. Tonkin

Defendant, Mark Tonkin, was convicted of the offense of rape and sentenced to eight years in the penitentiary. He appealed his conviction, our number 3 — 84—0756. While his appeal from the conviction was pending, he filed a post-conviction petition, which was subsequently amended. A hearing was held on the petition. We delayed determination of the appeal until the conclusion of the post-conviction proceeding. His prayer for relief was denied. He also appeals that order, our number 3 — 85—0314. We have consolidated these appeals for disposition. We reverse and remand for a new trial.

In this…