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PEOPLE v. BIVENS

No. 75-184.

43 Ill. App.3d 79 (1976)

356 N.E.2d 665

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES LEROY BIVENS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed October 25, 1976.

Attorney(s) appearing for the Case

Stephen P. Hurley and Michael J. Rosborough, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

John C. Reznick, State's Attorney, of Vandalia (Bruce D. Irish, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE JONES delivered the opinion of the court:

Defendant, Leroy Bivens, pled guilty to escape from Vandalia Correctional Center and was sentenced to one to two years in the penitentiary, the term to run consecutively to the sentence imposed on his underlying conviction. The only issue defendant presents for review is whether he was denied effective assistance of counsel because his court-appointed attorney failed to make a motion...

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