Court properly dismissed Defendant's postconviction petition at second stage. Defendant had no right to reasonable assistance of postconviction counsel at first stage of postconviction proceedings, on basis that retined counsel failed to include an issue in an initial postconviction petition. Postconviction counsel did not render unreasonable assistance in failing to amend petition at second stage of proceedings, or in failing to raise fitness restoration issue in an amended petition. When counsel is appointed at 2nd stage of proceedings to represent a defendant who initially filed a pro se petition, counsel is required only to investigate and present claims raised in pro se petition. Deficient performance of plea counsel was cured by trial court's admonishments to defendant at guilty plea hearing; although wording of admonishment was not strictly compliant with Section 113-8 of Code, it was sufficient to advise Defendant that his plea may have immigration consequences.(WRIGHT, concurring; McDADE, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions