People v. Churchill

Following a jury trial the defendant, Kenneth W. Churchill, was found guilty of aggravated battery and battery. He was sentenced to 90 days incarceration and three years probation. His convictions were affirmed by this court on direct appeal and the cause was remanded for resentencing.

The defendant served his sentence and subsequently filed a pro se petition for post-conviction relief pursuant to the Post-Conviction Hearing Act (Ill. Rev. Stat. 1979, ch. 38, par. 122 — 1 et seq.). This appeal is taken from the dismissal of that petition without an evidentiary hearing.

The defendant’s battery…