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PEOPLE v. KINZER

No. 77-1805.

66 Ill. App.3d 466 (1978)

384 N.E.2d 50

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN KINZER, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed October 31, 1978.

Attorney(s) appearing for the Case

Ralph Ruebner and Steven Clark, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger and Joseph P. Quirk, Assistant State's Attorneys, of counsel), for the People.

Cause remanded.

Mr. PRESIDING JUSTICE STAMOS delivered the opinion of the court:

Defendant, John Kinzer, entered a negotiated plea to theft (Ill. Rev. Stat. 1977, ch. 38, par. 16-1(b)), and in accord with the terms of the agreement was sentenced to a term of 5 years probation with incarceration for the first 6 months. On appeal defendant contends that he was denied the effective assistance of counsel when his court-appointed counsel failed to file a motion...

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