People v. South

I concur with the majority that the sentence imposed is not excessive. I differ sharply on the question of conflict of interest and respectfully dissent on that issue.

The majority’s emphasis on “centralized” versus “decentralized” natures of the public defender’s office is a spurious and nonexistent distinction.

The office of Public Defender is a statutory creation (Ill. Rev. Stat. 1977, ch. 34, par. 5601 et seq.) and the statute is mandatory and plain in its meaning.

Section 1 of “An Act in relation to the office of Public Defender” (Ill. Rev. Stat. 1977, ch. 34, par. 5601) creates the office…