People v. McCraven

Following a bench trial, defendant was convicted of theft (Ill. Rev. Stat. 1977, ch. 38, par. 16 — 1(a)) and sentenced to two years’ imprisonment. On appeal, he asserts that he was denied a fair trial because of the incompetence of his appointed counsel. The pertinent facts follow.

On the day of trial, defense counsel asked for a continuance since defense witness, Robert Crusoe, had failed to appear for trial, although he had been subpoenaed. The trial court continued the case until the following day; however, Crusoe still did not appear and defense counsel proceeded to trial.

Officer Gerald…