People v. Ayers

Illinois Supreme Court PLAs
Criminal Court
Ineffective Assistance of Counsel
Citation
PLA issue Date: 
January 20, 2016
Docket Number: 
No. 120071
District: 
4th Dist. Rule 23 Order 10/26/15

This case presents question as to whether trial court properly refused to inquire of defendant as to reasons supporting his claim of ineffective assistance of counsel that was made in defendant’s pro se motion to withdraw his guilty plea and to vacate his 7-year sentence on charge of aggravated battery. Record showed that trial court did not address defendant’s motion to withdraw his plea and ultimately denied his counsel’s motion to reconsider instant 7-year sentence. Appellate Court, in affirming trial court, found that trial court was not required to ask defendant about basis of his bare, four-word allegation that his counsel was ineffective, where there were no factual allegations to support such claim in his motion. Defendant argued in his petition for leave to appeal that he should have been brought back to court during hearing on his counsel’s motion to reconsider his sentence, when trial court could have asked him to clarify his claim of ineffective assistance of counsel.