People v. Parada

Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance
Citation
Case Number: 
2020 IL App (1st) 161987
Decision Date: 
Thursday, March 5, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
REYES

Defendant was convicted in absentia of possession with intent to deliver cocaine and sentenced to 60 years. Court did not err when it dismissed Defendant's postconviction petition at 2nd stage. As Defendant cannot show that appellate counsel's alleged ineffectiveness was the cause of the dismissal of his appeal, he cannot make the requisite substantial showing of a constitutional violation. It was Defendant's fugitive status that caused the dismissal of his appeal.  Petitioner had ample time to avail himself of jurisdiction of appellate court and participate in the appellate process. (GORDON and BURKE, concurring.)