Defendant entered negotiated please of guilty to aggravated criminal sexual abuse and 2 counts of aggravated child pornography. Defendant alleged that court erred in denying his claim that his counsel was ineffective for failing to file the requested motion to withdraw his guilty plea. Court's factual finding that Defendant did not specifically instruct his counsel to file a motion to withdraw his guilty plea was not against weight of evidence. Evidence at hearing did not raise a reasonable probability that a motion to withdraw his pleas would have been granted. The evidence on all charges to which Defendant pleaded guilty was overwhelming, and Defendant never suggested a meritorious defense to any charge. (ZENOFF and JORGENSEN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel