Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after bench trial, of delivery of a controlled substance. Defendant alleged ineffective assistance of counsel, in that his trial counsel was operating under per se conflict of interest from his prior and contemporaneous representation of confidential informant who had made a controlled buy of cocaine which led to Defendant's arrest. Even though defense counsel was not representing informant at time of Defendant's trial, his representation of informant, who was an "entity assisting the prosecution", was prior or contemporaneous to his representation of Defendant. Thus, defense counsel had a per se conflict of interest that Defendant was unable to waive because he was not aware that such a conflict existed. (APPLETON and COOK, concurring.)