People v. Cichon

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 3-09-0408
Decision Date: 
Thursday, March 17, 2011
District: 
3d Dist.
Division/County: 
La Salle Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT
(Court opinion corrected 3/29/11.) Defendant was indicted on 54 counts of various sexual assault and abuse and child pornography offenses, and pled guilty to multiple counts for 25-year sentence; his postconviction petition was granted, and then State re-filed charges and offered a 25-year sentence. Defendant rejected plea, went to trial, and was sentenced to 105 years. Defendant was not denied effective assistance of counsel, as attorney who represented him in postconviction-relief proceedings, resulting in the vacating of his previous guilty plea, did not represent him in a proceeding that resulted in his conviction. Any error by counsel, if cognizable, in advising him of likely sentence, was cured by Defendant being informed in open court that he could receive a sentence much greater than 25 years. (McDADE and WRIGHT, concurring.)