Defendant was convicted, after jury trial, of being an armed habitual criminal. Arrest stemmed from an officer's recover of a handgun from Defendant's pants pocket after an anonymous tip that an African-American "male with a red shirt" on a certain street corner "had a gun on his person". Defendant claimed that his postconviction counsel failed to render reasonable assistance, alleging that counsel should have included whether the clothes Defendant was wearing when arrested were documented on a jail inventory sheet or in an arrest photo and whether they were available to trial counsel. Record lacks any indication about postconviction counsel's efforts to obtain these documents and clothes. Trial court's order of 2nd-stage dismissal of postconviction petition is vacated; remanded for further 2nd-stage proceedings so postconviction counsel may further amend and support the petition. (REYES and MARTIN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel