People v. Miller

The petitioner, Orval James Miller, was convicted of armed violence by the circuit court of Perry County sitting without a jury and was sentenced to eight years’ imprisonment. The underlying offense of the armed violence conviction was voluntary manslaughter. Petitioner’s direct appeal to this court was affirmed pursuant to Supreme Court Rule 23 (87 Ill. 2d R. 23), (People v. Miller (1980), 90 Ill. App. 3d 1205.) Petitioner subsequently filed a petition to vacate his conviction. The petition was dismissed by the trial court. We reverse the order dismissing the petition and vacate defendant’s…