People v. Garcia 

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 1-08-2841
Decision Date: 
Friday, November 5, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
TOOMIN
Defendant was convicted, after jury trial, of murder, aggravated kidnaping, and robbery; and his codefendant was also convicted in a simultaneous bench trial. Court properly dismissed Defendant's postconviction petition which alleged that his conviction should be vacated because the crime lab serologist perjured herself as to DNA samples. State did not claim that Defendant was in close proximity to victim or to any bodily fluids; thus, serologist's testimony, even if it were shown to be perjury, was immaterial. Defense counsel made a reasonable strategic decision in stipulating to testimony of serologist and fingerprint analyst; thus, no ineffective assistance of counsel. (FITZGERALD SMITH and HOWSE, concurring.)