Defendant was convicted of unlawful possession of a stolen motor vehicle, possession of a converted motor vehicle, and forgery. Charges arose from Defendant's use of counterfeit money to buy a motorcycle. In his pro se postconviction petition, Defendant raised multiple allegations of ineffective assistance of trial and appellate counsel, but postconviction counsel failed to allege ineffective assistance of appellate counsel and did not attempt to present such claims when State argued forfeiture in its motion to dismiss though questioned on that point by the trial court. Thus postconviction counsel's failure was unreasonable assistance under Rule 651(c). Remanded with directions to appoint new counsel and to allow Defendatn to replead his postconviction petition. (HUTCHINSON and BIRKETT, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel