People v. Rhodes

Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance
Citation
Case Number: 
2019 IL App (4th) 160917
Decision Date: 
Tuesday, April 2, 2019
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Remanded with directions.
Justice: 
STEIGMANN

Defendant was convicted, after jury trial, of delivering a controlled substance within 1000 feet of a church. Court erred in failing to conduct a hearing on Defendant's pro se claim of ineffective assistance of counsel. Court prevented him from filing his handwritten motion which was a clear assertion of ineffective of counsel, and court erred when it told Defendant that his motion would be stricken. Defendant could have raised his ineffective assistance of counsel claim later, but he was not required to do so. (HOLDER WHITE and KNECHT, concurring.)