Court entered 2nd-stage dismissal of Defendant's postconviction petition, which raised claim of ineffective assistance of plea counsel. Court expressly found that at least one of Defendant's claims was not frivolous or patently without merit. Postconviction counsel did not amend Defendant's petition because he did not believe that there were any amendments he could make to present meritorious arguments. Court granted State's motion to dismiss, and found that Defendant's claims were forfeited because they could have been raised in direct appeal. Record does not explicitly show that postconviction counsel complied with all requirements of Rule 651. It was necessary to amend petition to allege ineffective assistance of postplea counsel and appellate counsel to allow Defendant's petition to survive State's motion to dismiss.(MOORE and OVERSTREET, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel