Defendant was convicted, after jury trial, of 2 counts of attempted 1st degree murder, 2 counts of aggravated battery with a firearm, and 1 count each of home invasion, armed robbery, and aggravated battery of a child. Defendant is not entitled to remand for further 2nd-stage proceedings. Defendant's postconviction counsel was not required to independently satisfy duties under Rule 651(c), because her predecessor counsel had already filed a valid Rule 651(c) certificate. Defendant failed to rebut the presumption of reasonable assistance created by predecessor counsel's Rule 651(c) certificate, and did not identify any specific deficiency in his subsequent postconviction counsel's performance other than her failure to independently comply with Rule 651(c). Thus, there is no basis to remand for further 2nd-stage proceedings. (GORDON and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel