Defendant was found guilty of six counts of aggravated criminal sexual assault, aggravated kidnapping, armed robbery, and two counts of unlawful use of a weapon by a felon and was sentenced to an aggregate prison term of 101 years. Defendant filed a post-conviction petition contending that his due process rights were violated when he faced trial on charges the State had previously dismissed by never formally reinstated and that he was denied the effective assistance of appellate counsel because that issue was not raised on direct appeal. The trial court summarily dismissed the petition finding that it was frivolous and patently without merit and defendant appealed. The appellate court affirmed, finding that his due process claim was rebutted by the trial record and that the failure to raise it on appeal did not prejudice defendant. (ANDERSON and BERTANI, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act