People v. Shamhart

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2016 IL App (5th) 130589
Decision Date: 
Monday, June 13, 2016
District: 
5th Dist.
Division/County: 
Jasper Co.
Holding: 
Vacated and remanded with directions.
Justice: 
CATES

Defendant was convicted, after jury trial, of unlawful possession of methamphetame manufacturing material, participation in manufacturing meth, and possession of substance containing meth. Court committed reversible error when it conducted no inquiry at all into Defendant's allegations of ineffective assistance of counsel, and concluded that claim could be resolved by appointment of different counsel on appeal. Court should have allowed Defendant an evidentiary hearing on Defendant's posttrial motions to allow court opportunity to fully investigate Defendant's claims.(GOLDENHERSH and CHAPMAN, concurring.)