Defendant was convicted of home invasion and 6 counts of aggravated criminal sexual assault, and sentenced to 75 consecutive years imprisonment. Court properly found that State had made a 30-year plea offer, and that there was no evidence that counsel ever conveyed the offer to Defendant. Court properly concluded that Defendant failed to satisfy second prong of ineffective assistance of counsel Strickland test, as Defendant failed to show he would have accepted the 30-year plea offer absent counsel's deficient performance. Evidence established that Defendant either did or would have rejected a 30-year offer by making a counteroffer, and that State would have revoked any existing offer as prosecutor received DNA evidence. (HOLDRIDGE, specially concurring; McDADE, dissenting.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel