People v. Phinney

Defendant Howard Phinney appeals from a Livingston County circuit court judge’s dismissal of his petition for post-conviction relief. (Ill. Rev. Stat. 1989, ch. 38, pars. 122 — 1 through 122 — 8.) He contends this ruling was error because the trial judge’s role in a prior prosecution of defendant required the trial judge to recuse himself from defendant’s sentencing hearing. The supreme court has recently ruled otherwise. The trial judge was not bound to recuse himself from defendant’s sentencing hearing. Dismissal of defendant’s post-conviction petition was proper, and we affirm.

I. Facts

In…