People v. Mujica

Defendant alleged ineffective assistance of counsel, alleging that his trial counsel failed to communicate his desire to accept State's plea offer to charge of criminal sexual assault of his minor stepdaughter. Defendant was sentenced to 7 years after bench trial. Record establishes that Defendant did not express a desire to plead guilty and accept the State's offer and that Defendant repeatedly acquiesced in his counsel's movement of case to trial.  Had Defendant wished to accept a 4-year offer, as he contended in his postconviction petition for ineffective assistance of counsel, he would have said so on the record. Thus, Defendant is bound by his counsel's acquiescence.(McLAREN and BIRKETT, concurring.)