287 Ill. App. In each case, the appellate court held that prejudice was presumed and defendant only needed to allege he communicated to counsel a desire to appeal in order to state a claim for ineffective counsel. Nevertheless, the court found prejudice was manifest and cited Wendt. We agree with Wendt that prejudice should not be presumed for a defendant who has pleaded guilty and agreed to a specific sentence. The rationale for presuming prejudice is obvious for defendants who have been convicted after trial, then deprived of their right to appeal due to no fault of their own.
Defendants convicted after trial have an automatic right to an appeal.
Ill. Const. 1970, art. A system of appeal as of right is established precisely to assure that only those who are validly convicted have their freedom drastically curtailed. Also, defendants convicted after trial should not be denied appellate counsel. They would thus be deprived of their only chance to take an appeal even though they have never had the assistance of counsel in preparing one. For a defendant convicted after trial, who has always professed innocence, the right to appeal insures due process and provides an important safety net to those who may have been wrongly convicted.