Defendant was sentenced to 2 years probation after pleading guilty to vehicular burglary. State then filed petition for violation of probation after Defendant was arrested for another vehicular burglary; defendant was then found in violation of probation and sentenced to 6 years. Court erred in focusing on underlying merit of Defendant's claim as to event query, rather than addressing merits of whether his trial counsel was ineffective for failing to obtain it. By proceeding directly to hearing on Defendant's substantive claim where he was forced to participate pro se, and where his counsel he claimed was ineffective participated in hearing, court deprived him of benefit of new counsel in exploring his claim of ineffective assistance of counsel. (FITZGERALD SMITH and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel