People v. Mendoza

Defendant was convicted, after jury trial, of attempted murder and aggravated battery with a firearm. Four witnesses, including the victim, testified that the defendant fired four shots at victim, striking his leg and torso. Defendant argued at trial that he aimed at victim's legs, not his torso, that victim fell into the bullet, and that he did not have the intent to kill the victim. Defendant's claim of ineffective assistance of counsel, in postconviction petition, that his trial counsel should not have stipulated to testimony of two physicians, as live testimony as to the trajectory of the shots would have been better, is hindsight and was properly dismissed. Even with physician's opinions about trajectory the multiple witness testimony as to shooting was overwhelming evidence. No showing that postconviction counsel violated any duties mandated by Rule 651(c).