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PEOPLE v. FRIEND

No. 2-01-0101.

793 N.E.2d 927 (2003)

341 Ill. App.3d 139

276 Ill.Dec. 168

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David FRIEND, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 8, 2003.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, for David Friend.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Rebecca E. McCormick, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People.

Justice BYRNE delivered the opinion of the court:

Defendant, David Friend, pleaded guilty to possessing a controlled substance with intent to deliver (720 ILCS 570/401(a)(1)(A) (West 1998)). The trial court denied defendant's motion to withdraw the plea and defendant appeals, arguing that his attorney labored under a conflict of interest during the postplea proceedings because defendant had questioned his competency.

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