People v. Caldwell

Defendant was convicted of armed violence predicated on aggravated fleeing or attempting to elude a police officers, aggravated discharge of a firearm, and unlawful use of a weapon by a felon. Defendant’s conviction was affirmed on direct appeal and defendant subsequently field a post-conviction petition asserting that he was denied the effective assistance of appellate counsel. The trial court denied defendant’s petition after a third-stage evidentiary hearing and defendant appealed. The appellate court reversed in part and vacated in part, finding that defendant was denied the effective assistance of appellate counsel where counsel failed to argue for reversal of his armed violence conviction on the basis that he was not in possession of the gun while he committed the predicate felony of aggravated fleeing and that a rational jury could not have convicted defendant of armed violence. (MARTIN and OCASIO III, concurring)