People v. Williams

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2016 Il App (4th) 140502
Decision Date: 
Wednesday, May 11, 2016
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Reversed and remanded with directions.
Justice: 
STEIGMANN

Court erred by dismissing Defendant's amended postcvonviction petition, as he had alleged a substantial showing of a constitutional violation. In his affidavit, appended to his amended petition, Defendant alleged that his counsel's performance was deficient in that he failed to accurately inform him of the possible penalties he faced on the State's charges; and that he was prejudiced thereby, as had he known of possibility of consecutive sentences requiring that he serve at least 85% of any sentence imposed, he would have accepted 18-year plea offer. Remanded with directions to conduct 3rd-stage evidentiary hearing. (TURNER and APPLETON, concurring.)