People v. Miller

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2013 IL App (1st) 111147
Decision Date: 
Monday, April 15, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT
Defendant was convicted, after bench trial, of first degree murder and attempted first degree murder. Circuit court properly denied Defendant leave to file successive postconviction petition raising the lost plea claim that his rejection of a plea offer of an unenhanced sentence resulted from counsel failing to inform him that he faced a firearm enhancement if he was convicted at trial. Defendant failed to show requisite cause and prejudice, and lost plea claim was barred as res judicata. Court had previously found that claim was conclusory, as Defendant had been aware that he could face 60 years in prison when he rejected 20-year ple offer.(HOFFMAN and ROCHFORD, concurring.)