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PEOPLE v. SMITH

No. 5-91-0187.

618 N.E.2d 1255 (1993)

248 Ill. App.3d 729

188 Ill.Dec. 685

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank J. SMITH, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

August 9, 1993.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender and Rita K. Peterson, Asst. Defender, Office of the State Appellate Defender, Fifth Judicial Dist, Mt. Vernon, for defendant-appellant.

Robert Haida, State's Atty., St. Clair County, Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, and Gerry Arnold, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice MAAG delivered the opinion of the court:

The defendant, Frank J. Smith, pleaded guilty to burglary in two separate cases and to felony theft in a third case.

On appeal, he only contends that he must be allowed to file a new motion, pursuant to Supreme Court Rule 604(d) (134 Ill.2d R. 604(d)), to withdraw his guilty pleas, because defense counsel did not comply with the spirit and purpose of Rule 604(d) and because defendant was not furnished with a...

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