This case presents question as to whether trial court properly dismissed at second stage defendant’s petition for post-conviction relief, where said petition alleged that his trial counsel was ineffective for failing to properly advise him as to appropriate rate of good-time credit on armed habitual criminal charge prior to defendant pleading guilty on said charge. Appellate Court, in affirming trial court, found that defendant had failed to make substantial showing of constitutional violation, since: (1) under Rissley, 206 Ill.2d 403, defendant must show deficient performance by counsel and resulting prejudice; (2) under prejudice prong of Rissley, defendant needed to claim that he was innocent of charge at issue in guilty plea; and (3) defendant failed to claim such innocence and merely alleged that but for counsel’s bad advice, he would have pleaded differently or gone to trial.
Illinois Supreme Court PLAs
Criminal Court
Post-Conviction Petition