People v. Smith

FIFTH DIVISION March 31, 2006 No. 1-04-1289 THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County ) v. ) ) KENNETH SMITH, ) ) Honorable Defendant-Appellant. ) Colleen McSweeney-Moore, ) Judge Presiding. JUSTICE O=MARA FROSSARD delivered the opinion of the court: Defendant Kenneth Smith pleaded guilty to first degree murder and was sentenced to 25 years in prison. On appeal, defendant contends that his right to counsel was violated when the trial court heard his pro se motion to vacate his guilty plea without determining whether he desired…