(Court opinion corrected 3/21/16. ) Defendant was convicted, after 2013 jury trial, of 2 counts each of attempt (first degree murder) and aggravated battery. Court later imposed consecutive prison sentences of 16 years on attempt convictions. On direct appeal, Defendant argued that he was denied effective assistance of trial counsel when his counsel stipulated to admission, during trial, of video recordings containing prior consistent statements and bad character evidence. Record is inadequate for appellate court to resolve, as it contains no indication why defense counsel agreed to admission of recordings, and it would be improper for appellate court to speculate as to defense counsel's motivation. Defendant may raise his claim through Post-Conviction Hearing Act. (HOLDER WHITE, concurring; APPLETON, dissenting.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel