People v. Rivera

Court properly dismissed post-conviction petition of Defendant (who had been convicted of aggravated arson) alleging ineffective assistance of counsel as his trial counsel failed to tender jury instruction on lesser-included offense of criminal damage to property rather than letting Defendant decide whether to tender that instruction. Defendant failed to establish prejudice, as in his affidavit he does not state that he would have chosen to submit the instruction if he had been given the choice. (HUTCHINSON and HUDSON, concurring.)