People v. Howard

Defendant, Eddie Howard, was indicted for two counts of burglary. After a jury trial in the circuit court of Peoria County, he was found guilty of one count and sentenced to a term of five years in the Department of Corrections. After the denial of his motion for leave to file late notice of appeal, defendant filed a post-conviction petition which the People moved to dismiss. After a hearing on the merits of the motion, the court dismissed the petition and defendant perfected the appeal at bar.

Defendant’s petition alleged that he was denied his constitutional right to a fair trial due to the…