Defendant was convicted of unlawful delivery of heroin within 1000 feet of a church and sentenced to 7 years. Court dismissed Defendant's pro se postconviction petition, alleging that trial counsel was ineffective and that trial court violated his right to be represented by counsel of his choice, as frivolous and patently without merit.State Appellate Defendant (OSAD)'s motion to withdraw as counsel is granted, as any appeal would be frivolous. Claim of ineffective assistance of counsel is essential that evidence presented at trial was insufficient, but appellate court already rejected that claim, and thus res judicata bars consideration of that issue. Defendant made no real effort to hire counsel, and waited until day of trial to seek more time to do so, and he failed to provide acceptable reason for desiring new counsel.(KNECHT and DeARMOND, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel