People v. Patrick 

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 2-08-0745
Decision Date: 
Tuesday, November 23, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
BOWMAN
Defendant was convicted of reckless homicide and failing to report an accident involving injury or death, from accident during which he was estimated to have been driving 91-95 mph in 30 mph zone, killing other driver and injuring three passengers. Defendant was indicted for violation of Section 11-401(b) of Vehicle Code, and State failed to present any evidence that Defendant failed to report the accident within 30 minutes, which was a required element; thus, convictions for that offense are vacated, and instead convictions for Section 401(a) violations (duty to stop, and to remain at accident scene), a lesser included offense, are entered. As there was only one accident scene from which Defendant left, despite the number of injured or dead, multiple counts for violation of Section 403 violate the one-act, one-crime rule. Court was required to at least inquire into Defendant's pro se allegations of ineffective assistance of counsel, including that counsel failed to object to a sleeping juror. (BURKE and HUDSON, concurring.)