Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant pleaded guilty to aggravated battery and was sentenced to four years in prison. Defendant subsequently filed a motion to withdraw his guilty plea, arguing that his plea was not knowing and voluntary because the trial court and trial court attorney erroneously informed him that he was eligible for probation. The trial court denied the motion, finding that while it had erred in its admonition to defendant, he was not prejudiced. The appellate court reversed and remanded, finding that defendant was denied the effective assistance of counsel. (DOHERTY and GRISCHOW, concurring)