Defendant was convicted, after jury trial, of aggravated domestic battery and resisting a peace officer. Court sentenced Defendant to 6 years imprisonment and 30 days incarceration. Court denied Defendant's pro se posttrial motion for a reduction of sentence, alleging ineffective assistance of counsel. Appellate court had previously remanded matter for trial court to conduct a preliminary Krankel inquiry. Court erred in failing to determine whether new counsel should be appointed and failing to inquire into factual basis of all of Defendant's complaints about his trial counsel's performance. Remanded with directions for trial court to appoint Defendant new counsel, and then allow appointed counsel opportunity to investigate Defendant's claim of ineffective assistance of counsel and take whatever action deemed appropriate. (HOLDER WHITE and TURNER, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel