People v. Lester

The petitioner, Chester Lester, appeals from an order of the circuit court of Kane County granting the State’s motion to dismiss his petition for post-conviction relief without an evidentiary hearing. We reverse and remand.

The petitioner was charged by indictment with three counts of first-degree murder (Ill. Rev. Stat. 1983, ch. 38, pars. 9—1(a)(1), (a)(2) (now codified, as amended, at 720 ILCS 5/9—1(a)(1), (a)(2) (West 1992))), in connection with the September 29, 1984, death of Jared Powell, the four-year-old son of the petitioner’s girlfriend. The petitioner was convicted following a jury…