Defendant, then age 15, shot and killed a 48-year-old man while he and a codefendant were attempting to carjack his vehicle to commit a drive-by shooting of a rival gang member. Defendant entered a fully negotiated plea to 1 charge of murder and 1 charge of attempted aggravated vehicular hijacking in exchange for agreed sentence of 30 years for murder and a concurrent sentence of 15 years for attempted aggravated vehicular hijacking. Thirteen years later, Defendant filed postconviction petition claiming that his plea was involuntary on 3 grounds. Court advanced to the 3rd stage claim that his plea was involuntary as trial counsel misadvised him that he would be eligible for good conduct credit that would only require him to serve 15 years, or half of his sentence. Court properly dismissed that claim, after evidentiary hearing. Trial counsel adamantly denied that he misinformed Defendant that he would be eligible for day-for-day good conduct credit. Defendant's claim was inconsistent with his inaction upon learning, upon arrival at IDOC, that he would be required to serve the entire 30 years. (MARTIN, concurring; GORDON, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel