Failure of defense counsel to notify a defendant of his option to surrender bond and receive credit for the time he is spending in custody is objectively unreasonable. Defendant was prejudiced by this failure, as Defendant would otherwise have surrendered his bond and received credit for time served if he had been informed of this option. Alleged errors of counsel as to witnesses and investigation, even when considered in aggregate, would not be enough to undermine confidence in outcome of trial. Sentence of 23 years, for being armed habitual criminal, not excessive, and no authority for Defendant's argument that because his possession of firearm was constructive, rather than actual, his offense is inherently less serious. (McDADE and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel