Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after bench trial, of being an armed habitual criminal, armed violence, and possession of a controlled substance with intent to deliver.Defendant's postconviction petition states an arguable claim of ineffective assistance of trial counsel based on the failure to call an eyewitness at trial. Defendant had informed trial counsel that this witness would testify on his behalf that the drugs and gun allegedly found in his apartment were actually found in the gangway.(FITZGERALD SMITH and PUCINSKI, concurring.)