In November of 1985, defendant proceeded to a bench trial and raised the defense of insanity. The evidence presented at trial is adequately set forth in People v. Koch, 266 Ill. App.3d 688, 640 N.E.2d 35 (1994) ("Koch I") and we need not repeat it. Following trial, defendant was convicted of murder, armed violence and unlawful restraint.

¶ 22 Relying on People v. Mena, 337 Ill. App. 3d 868, 872-73 (2003), People v. Brandon, 294 Ill. App. 3d 911, 911-12 (1998), and People v. Koch, 266 Ill. App. 3d 688, 690-93 (1994), petitioner argues that prejudice must be presumed here because counsel's failure resulted in the loss of his right to appeal. We initially observe that none of these cases involve a fugitive defendant.

Furthermore, Illinois courts have found the first prong of Strickland was satisfied where appellate counsel of record failed to file the trial record and appellate brief after filing the notice of appeal. See Moore, 133 Ill. 2d at 336 (where counsel filed a notice of direct appeal but did nothing further, the supreme court reinstated the defendant's direct appeal through its supervisory authority); People v. Mena, 337 Ill. App. 3d 868, 872 (2003); People v. Brandon, 294 Ill. App. 3d 911 (1998) (the defendant was denied his right to the effective assistance of appellate counsel where counsel filed a notice of appeal but failed to file a brief, resulting in the dismissal of the appeal); People v. Koch, 266 Ill. App. 3d 688, 690-92 (1994) (dismissal of postconviction petition raising ineffective assistance of appellate counsel was reversed where the public defender filed a notice of appeal but the appeal was dismissed for want of prosecution); People v. Baskin, 213 Ill. App. 3d 477 (1991). ¶ 51 The State contends that Greco never agreed to represent defendant on appeal, but rather, only agreed to file the notice of appeal.