People v. Romero

Defendant was acquitted, after jury trial, of attempted first degree murder, but convicted of aggravated discharge of a firearm and aggravated battery with a firearm. Defendant presented arguable basis for claim of ineffective assistance of counsel, based on trial court’s consideration of improper factor in aggravation. Appellate and trial counsel performance fell below objective standard of reasonableness, as court improperly considered level of intent and conduct for which Defendant was acquitted. Court’s comments indicated that it believed that Defendant intended that the bullet would hit the officer, but jury’s verdict negates that. (CUNNINGHAM, concurring; DELORT, dissenting.)