People v. Owens

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

On October 29, 1975, Robert Owens, Jr. (petitioner), pleaded guilty to aggravated battery and was sentenced to probation for 3 years. On February 25, 1976, petitioner filed a motion to vacate his conviction and sentence. (Ill. Rev. Stat. 1975, ch. 110, par. 72.) After hearing argument of counsel on April 9,1976, the trial court denied the petition. Petitioner has appealed.

The petition alleged that the prior conviction and sentence should be vacated because at the time of the guilty plea, petitioner “was unable to understand the…