People v. Gomez 

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 2-09-0766
Decision Date: 
Monday, March 28, 2011
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed; mittimus modified.
Justice: 
BOWMAN
Defendant pled guilty to one count of predatory criminal sexual assault, and at sentencing hearing admitted to having sexual abused the victim, a child whom his mother babysat. No ineffective assistance of counsel for failing to move to withdraw his guilty plea after Defendant had asked counsel to do so. As plea was not fully negotiated, filing of motion to withdraw guilty plea was not necessary to take direct appeal, as counsel's having filed a motion to reconsider sentence preserved sentencing issues for direct appeal. (JORGENSEN and HUTCHINSON, concurring.)