People v. Sharp

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2015 IL App (1st) 130438
Decision Date: 
Wednesday, January 21, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Defendant was charged with multiple offenses arising from shooting. Defendant was convicted of attempted first degree murder and aggravated battery with a firearm, and sentenced to total 55 years. No ineffective assistance of counsel; counsel's decision to not call two alibit witnesses was trial strategy, as those witnesses did not do well in Defendant's first trial (which ended in mistrial). No ineffective assistance of counsel in counsel's failure to object to court's polling of only 10 out of 12 jurors. Posttrial counsel's strategic decision to stand on posttrial motions and to offer no argument during sentencing was within range of professionally reasonable judgments. Firearm enhancement statute of 25-years-to-life is not unconstitutionally vague.(PUCINSKI and LAVIN, concurring.)