People v. Montes

Defendant was convicted, after jury trial in absentia, of attempted first-degree murder and aggravated discharge of a firearm. Court properly summary dismissed Defendant's postconviction petition. Claim of entrapment is forfeited as he did not raise it at trial, and also as that defense is unavailable to a defendant who denies committing the offense. Actual-innocence claim was meritless; basis for entrapment defense did not remain undiscovered until after trial. No ineffective assistance of counsel claim, as Defendant's presence at trial was required for counsel to decide whether to submit instruction on lesser charge.(McLAREN and BIRKETT, concurring.)