People v. Bomar, Jr. 

Illinois Appellate Court
Criminal Court
Probation
Citation
Case Number: 
Nos. 3-08-0985 & 3-08-0986 Cons.
Decision Date: 
Friday, October 15, 2010
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Affirmed in part; remanded with directions.
Justice: 
WRIGHT
Defendant was charged with aggravated battery with a firearm, on basis of which State filed petition to revoke Defendant's probation. State filed additional charges for aggrav ated discharge of a firearm and attempted first degree murder, and was convicted of all these offenses after jury trial. Court properly found that Defendant violated his probation; State must prove probation violation by preponderance of evidence, and jury found Defendant guilty beyond a reasonable doubt. Court failed to conduct a proper inquiry into Defendant's pro se allegations of ineffective assistance of counsel as "conflict of interest issues", and thus remand for preliminary investigation of claims is required. (CARTER, concurring; McDADE, concurring in part and dissenting in part.)