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PEOPLE v. SIMMONS

No. 5-87-0588.

164 Ill. App.3d 205 (1987)

517 N.E.2d 1106

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ALBERT SIMMONS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed December 17, 1987.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Larry R. Wells, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

No brief filed for the People.

Cause remanded.

JUSTICE CALVO delivered the opinion of the court:

The defendant, Albert Simmons, pleaded guilty to five counts of theft of service on January 25, 1986. He was sentenced to five years' imprisonment at that time. Defendant mailed a motion to withdraw his pleas of guilty pursuant to Supreme Court Rule 604(d) (107 Ill.2d R. 604(d)) on February 22, 1986. The motion was received by the circuit court on February 25, 1986. On July 16, 1987, the court...

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