Defendant was convicted, after jury trial, of 1st degree murder, aggravated kidnaping, and aggravated vehicular hijacking and received consecutive sentences, for a total of 145 years. Codefendant, convicted of same offenses, received consecutive sentencing totaling 105 years. Defendant's postconviction petition alleges that his sentence is unconstitutionally disparate from his codefendant's sentence. Appellate court found that postconviction counsel had provided unreasonable assistance in providing inaccurate sentencing information as to Defendant and codefendant. Trial court erred by reappointing the same counsel whom appellate court had already found to have provided unreasonable assistance. This same counsel again provided inaccurate sentencing information to the trial court. At codefendant's resentencing, trial court found that codefendant was the actual shooter and was "the moving force" behind the robbery plan, both points which counsel failed to argue. (HALL and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel