People v. Gawlak

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2017 IL App (3d) 150861
Decision Date: 
Monday, November 20, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Vacated and remanded.
Justice: 
SCHMIDT

Defendant was convicted, after jury trial, of 2 counts of predatory criminal sexual assault and 1 count of aggravated criminal sexual abuse. Court's decision, in denying private counsel's request to enter a limited scope appearance on  Defendant's postconviction motion for DNA testing under Section 116-3 of Code of Criminal Procedure, was arbitrary and violated Defendant's due process rights. (HOLDRIDGE and LYTTON, concurring.)