Defendant was convicted, after jury trial in absentia of possession of a controlled substance with intent to deliver, and he was sentenced in absentia to 30 years. Defense counsel failed to file the record or a brief after filing a notice of appeal which caused the appeal to be dismissed for want of prosecution. Because counsel filed the appeal and identified himself as "counsel of record", there is a presumption that he was acting on Defendant's behalf. Defendant's postconviction petition sets out the gist of a constitutional claim as his counsel's performance deprived him of an appeal that he would otherwise have taken, and thus counsel's conduct reflects an inattention to the Defendant's wishes and prejudice is presumed. (FITZGERALD SMITH and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel