People v. Bivens

Defendant, Leroy Bivens, pled guilty to escape from Vandalia Correctional Center and was sentenced to one to two years in the penitentiary, the term to run consecutively to the sentence imposed on his underlying conviction. The only issue defendant presents for review is whether he was denied effective assistance of counsel because his court-appointed attorney failed to make a motion for discharge for want of a speedy trial pursuant to section 103 — 5(d) of the Code of Criminal Procedure (Ill. Rev. Stat., ch. 38, par. 103 — 5(d)).

The People contend that by pleading guilty defendant waived any…