People v. Tucek

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2019 IL App (2d) 160788
Decision Date: 
Wednesday, January 16, 2019
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
BIRKETT

Court properly entered first-stage summary dismissal of postconviction petition, as petition did not show even the gist of a meritorious assertion that Defendant was prejudiced by trial counsel's alleged defective performance. Defendant pled guilty to criminal sexual assault, and would serve term of mandatory supervised release and would have to register as a sex offender. Defendant is subject to possibility of a delay in his release from prison, based on a serious but uncertain risk that he will not find suitable housing and will be violated at the door by Prisoner Review Board. For this deprivation to be permanent, the denial would have to be repeated many times. Thus, the provision of more complete information about housing requirement would not have induced Defendant to go to trial in face of strong evidence and substantial risk of a prison term decades longer than the one to which he agreed.(ZENOFF and SCHOSTOK, concurring.)