People v. Tapia

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 111314
Decision Date: 
January 9, 2014
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
BIRKETT
Holding: 
Affirmed.
Defendant claimed ineffective assistance of counsel by his attorney failing to correct error in presentence investigation report (PSI) on which trial court relied in sentencing Defendant to 15 years upon his plea to attempted first-degree murder. Defendant forfeited the issue by failing to file postjudgment motion, and waiting 2 years to raise claim in pro se postconviction petition. Defendant conceded that he reviewed PSI prior to sentencing hearing, and failed to speak up when sentencing judge specifically referenced the erroneous portion of PSI. (McLAREN and ZENOFF, concurring.)