Defendant entered into negotiated plea agreement, agreeing to plead guilty to 2 counts of criminal sexual assault of his live-in girlfriend's 13-year-old daughter, in return for State's recommendation of a 4-year sentence on each count, to be served consecutively, and State's agreement to nol-pros the remaining charges. Defendant's factual allegations do not establish an arguable reasonable probability that he would have decided to plead not guilty and insist on a trial, absent counsel's alleged errors in failing to discover and present the defense (that he was not a "family member" as he resided with girlfriend and victim for only 2 months) to 3 of the 9 alternative charges. Defendant failed to allege facts arguably showing that he was prejudiced by his attorney's alleged deficient advice. Court did not err in summarily dismissing postconviction petition as frivolous and patently without merit. (A. BURKE, GARMAN, THEIS, NEVILLE, M. BURKE, and OVERSTREET, concurring.)
Illinois Supreme Court
Criminal Court
Ineffective Assistance of Counsel