[Download] "People v. Alfano" by Illinois Appellate Court — Second District Reversed and Remanded " Book PDF Kindle ePub Free
eBook details
- Title: People v. Alfano
- Author : Illinois Appellate Court — Second District Reversed and Remanded
- Release Date : January 06, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The defendant was convicted by a jury of aggravated arson and arson with intent to defraud an insurer. (Ill. Rev. Stat. 1979, ch. 38, pars. 20-1.1(a)(3) and 20-1(b).) He was sentenced to the Department of Corrections for six years for the former offense and to four years probation for the latter, the sentences to be served concurrently. He filed a direct appeal which raised nine issues, among them whether the State failed to prove his guilt beyond a reasonable doubt. During the pendency of the appeal, he acquired knowledge of the fact of perjury committed by an expert witness for the State in his trial and sought a stay of proceedings in this court with an order of remand in order to present a motion for a new trial based on the fact of the perjury. His request for that relief was not allowed, and he filed a petition pursuant to section 72 in the trial court (Ill. Rev. Stat. 1979, ch. 110, par. 72), charging the State's expert witness had perjured himself. His section 72 petition was dismissed without an evidentiary hearing on the motion of the State. His appeal from that dismissal and his prior direct appeal were then consolidated for our consideration. Following our review of the record, we determine that the dismissal of the defendant's section 72 petition must be reversed and remanded for an evidentiary hearing. We further determine that the issues raised in the direct appeal may be rendered moot if the result of the evidentiary hearing on the section 72 petition is the grant of a new trial. Consequently, the issues raised on direct appeal shall not be considered in this opinion, save the issue of the sufficiency of the evidence which we must address whenever the issue has been raised and our decision to remand the cause may result in the grant of a new trial. People v. Taylor (1979), 76 Ill.2d 289.
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