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People v. Barren

OCTOBER 6, 1975.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

MILTON BARREN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Kankakee County; the Hon. PATRICK M. BURNS, Judge, presiding.

MR. JUSTICE ALLOY DELIVERED THE OPINION OF THE COURT:

Defendant Milton Barren appeals to this court from a conviction of burglary in the Kankakee County Circuit Court. He was sentenced to a term of 5 to 15 years in prison as a result of such conviction.

It appears from the record that defendant was indicted together with J.C. Teague for burglary and on January 15, 1974, J.C. Teague pleaded guilty to the offense as charged. Defendant, however, pleaded not guilty and waived a jury trial and consented to be tried at a bench trial. As a result of such trial he was found guilty as charged. He was sentenced to a term of 5 to 15 years, which term was to run concurrently with the sentence of 3 to 12 years previously entered against defendant in another case which was reviewed on appeal in this court. People v. Barren (1974), 23 Ill. App.3d 79, 318 N.E.2d 206.

On appeal in the cause now before us, defendant Barren claims that he was denied his right to effective assistance of counsel in violation of his rights under the Sixth Amendment to the United States Constitution. His sole reason for this assertion was that he was represented by an assistant public defender after the public defender withdrew from the case because of an asserted conflict of interest.

From the record it is noted that at the time J.C. Teague pleaded guilty, the public defender who was attorney for both defendants, moved to withdraw as counsel for defendant Barren. The following discussion then occurred:

"THE COURT: * * * Mr. Barren, your lawyer has presented a Motion to Withdraw from representing you because Mr. Teague has pled guilty who is your co-defendant. It would be impossible for him to continue to represent you both. Understand?

DEFENDANT BARREN: Yes.

THE COURT: What do you have to say about that?

DEFENDANT BARREN: I would appreciate another attorney.

THE COURT: You would like to have another attorney. You have a right to have another lawyer. You understand that another lawyer has to have time to prepare your defense — he just can't come in and start trial — understand that?

DEFENDANT BARREN: Yes.

THE COURT: That means the one hundred twenty day rule would be broken. That is the rule that says you have to be brought to trial within one hundred twenty days of the date you were incarcerated. You have been in a hundred and eighteen days, I think, so that if I appoint another lawyer for you and give him time to prepare your defense, your time would all start all over again. You understand that?

DEFENDANT BARREN: Yes.

THE COURT: You still want ...


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