The PEOPLE v. Calhoun

Defendant was, upon his plea of guilty, convicted in the circuit court of Winnebago County of the offense of robbery and sentenced to imprisonment in the penitentiary for a term of not less than 5 nor more than 10 years. Subsequently, defendant filed a petition in the circuit court under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1967, ch. 38, par. 122 — 1 et seq.), asserting violation of his constitutional rights. The circuit court dismissed the petition without conducting an evidentiary hearing and this appeal is from that order of dismissal.

The record shows that defendant was…