People v. Ayres

Illinois Supreme Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2017 IL 120071
Decision Date: 
Friday, February 17, 2017
District: 
4th Dist.
Holding: 
Reversed and remanded with directions.
Justice: 
BURKE

Defendant's allegation of ineffective assistance of counsel in posttrial petition to withdraw guilty plea and vacate sentence triggered circuit court's duty to inquire into factual basis of Defendant's claim. Primary purpose of preliminary inquiry is to give Defendant opportunity to explain and support his claim of ineffective assistance so court can determine whether appointment of new counsel is necessary. (FREEMAN, KILBRIDE, and THEIS, concurring; THOMAS, KARMEIER, and GARMAN, dissenting.)