Defendant was convicted, after jury trial, of aggravated domestic battery and aggravated battery, and was sentenced to 25 years and 10 years, to be served consecutively. Trial counsel was ineffective in failing to inform Defendant that he was eligible for Class X sentencing for the aggravated domestic battery conviction. Defense counsel admitted that he was unaware that section 5-4.5-95(b) of Unified Code of Corrections applied to the conviction, and admitted that he had not informed Defendant of his Class X sentencing eligibility. Counsel's erroneous advice, advising Defendant that in a worst-case scenario he faced a Class 2 sentence with the possibility of parole, was the deciding factor leading him to reject State's 6-year plea offer. Thus, Defendant was prejudiced by counsel's advice. (O'BRIEN and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel