People v. Orasco

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2014 IL App (2d) 120633
Decision Date: 
Monday, June 23, 2014
District: 
2d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
SCHMIDT

No ineffective assistance of counsel for failure to tender jury instruction on affirmative defense of compulsion, as evidence was insufficient to support compulsion defense; no evidence that his acts were under threat of great bodily harm, and any potential compulsion arose from fault of Defendant; and as Defendant chose not to withdraw from criminal enterprise. Sentencing judgment is void as all of Defendant's sentences must be served consecutively. (LYTTON and HOLDRIDGE, concurring.)