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People v. Stamps12/6/1972
Rehearing denied January 22, 1973.
Defendant, John William Stamps, pleaded guilty to murder in the Circuit Court of Madison County and was sentenced to a term of 25 years in the penitentiary. No direct appeal was taken, but subsequently a number of proceedings were initiated in the trial court culminating in a dismissal of a post-conviction petition without an evidentiary hearing. This appeal is from that dismissal. It is contended by defendant that his petition, and those which it amended were sufficient to require an evidentiary hearing under Ill. Rev. Stat., par. 72, ch. 110 or par. 122, ch. 38.
The murder occurred on November 3, 1960, and defendant was immediately arrested. He pleaded not guilty at his arraignment on January 20, 1961. On February 10 he changed his plea to guilty and sentence was imposed after defendant waived a hearing in mitigation. He contends that on December 13, 1962, he personally sent a petition to the court seeking relief under section 72 of the Practice Act. There is no record of this petition, but on April 17, 1963, after correspondence with the clerk, three copies of the petition were filed. On June 7, 1963 the State filed a motion to dismiss. Counsel was appointed and at his request leave was given to file supplementary pleadings. Again there is no record of a disposition of this petition, but a letter from defendant's appointed attorney indicates that a hearing was held and the petition was dismissed on March 31, 1964, for the reason that it was not verified or supported by affidavits.
On May 21, 1964, defendant pro se asked leave to amend and for reappointment of counsel. On October 6, 1964, an order was entered reappointing counsel and granting leave, not to amend the former petition, but rather to file a post-conviction petition. On October 9, 1964, in compliance with this order, a post-conviction petition was filed. Again, the record does not reveal whether any hearing was held but on June 15, 1966, a second post-conviction petition appears to have been filed by another attorney. The State moved to dismiss this petition on July 15, 1966, and, finally, on May 6, 1969, an order was entered stating that all petitions for post-conviction relief were denied without evidentiary hearing, and it is this order which is presently appealed.
In defendant's original petition, which we shall treat as one filed under section 72 of the Practice Act, he alleges as grounds for relief (1) that in May or June, 1959 he was confined to a mental institution, (2) that he was intoxicated at the time of the crime, and (3) that the court erred in not conducting a hearing in mitigation and aggravation. This petition was supported by a letter from the Madison Chief of Police stating that at the time of defendant's arrest he was in a very high state of intoxication; another letter from an assistant State's Attorney stating that he did not interrogate defendant immediately because he appeared to be intoxicated; and another letter from an attorney stating that some time after defendant's conviction he had obtained a Dram Shop judgment on behalf of the victim's wife on the basis of defendant's intoxication.
• 1, 2 Based on the record this petition was not filed within two years from the entry of judgment against defendant and therefore was barred by the applicable period of limitations under section 72. But apart from this fact we find that defendant was not entitled to relief even on the merits. Commitment to a mental institution some years prior to trial does not of itself raise a bona fide doubt to overcome the presumption of sanity. (People v. Barkan, 45 Ill.2d 261.) In addition, the trial court in accepting de
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