People v. Kinzer

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Defendant, John Kinzer, entered a negotiated plea to theft (Ill. Rev. Stat. 1977, ch. 38, par. 16 — 1(b)), and in accord with the terms of the agreement was sentenced to a term of 5 years probation with incarceration for the first 6 months. On appeal defendant contends that he was denied the effective assistance of counsel when his court-appointed counsel failed to file a motion to vacate his guilty plea as required by Supreme Court Rule 604(d) before filing a notice of appeal on his behalf. Ill. Rev. Stat. 1977, ch. 110A, par.…