People v. Samuels

Mr. PRESIDING JUSTICE KARNS

delivered the opinion of the court:

Defendant-appellant Kenneth Samuels was convicted of aggravated battery upon his plea of guilty in the Circuit Court of St. Clair County on June 11, 1975. On July 23, 1975, defendant was sentenced to the Department of Corrections for a term of three to nine years. Pursuant to Supreme Court Rule 604(d) (Ill. Rev. Stat. 1975, ch. 110A, par. 604(d)), defendant filed a timely motion to withdraw the plea of guilty alleging that the sentence was excessive and that the court erred in failing to determine defendant’s fitness to stand…