Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after bench trial, of five counts of criminal sexual assault and two counts of aggravated criminal sexual abuse, as to assaults on his daughter, then age 14. Defendant was not denied effective assistance of counsel when he chose to forgo plea negotiations, after his attorney incorrectly advised him that he was eligible for probation, and that his lack of criminal background would likely result in a probation sentence. No negotiations occurred, and Defendant did not demonstrate any willingness to negotiate; thus, no showing that outcome would have been different but for counsel's errors. Court had no obligation to inform Defendant, who pleaded not guilty, of the possible penalties before he opted for a trial, and thus failure to inform him of penalties did not deprive Defendant of due process. (BOWMAN and BURKE, concurring.)