People v. Garcia

Court dismissed Defendant's postconviction petition without an evidentiary hearing. Where a postconviction petitioner asserts he received ineffective assistance of trial counsel because trial counsel failed to file an appeal from a conviction entered on a plea of guilty, postconviction counsel does not provide the reasonable assistance required by Rule 651 if failing to amend the petition to state grounds for withdrawing the guilty plea. Because counsel did not make all the amendments necessary for adequate presentation of Defendant's claims, dismissal is reversed and remanded for appointment of new postconviction counsel. (PUCINSKI and COGHLAN, concurring.)