People v. Armstrong

(Court opinion corrected 3/31/16.) Defendant entered negotiated plea of guilty to one count of failing to register as a sex offender, and was sentenced to 3 years. On remand, Defendant filed pro se postjudgment motion, with court denied. Trial counsel rendered ineffective assistance of counsel.  Counsel was aware that charge was predicated on conviction of unlawful restraint, which was not per se a sex offense, and victim's age was not put before the court during that case.  It is reasonably probable that had Defendant realized that he could not be properly convicted of violating the Act, he would have forgone entering his plea and would have gone to trial. (SCHOSTOK and JORGENSEN, concurring.)