Illinois Appellate Court
Criminal Court
Postconviction Petitions
(Court opinion corrected 8/30/11.) Defendant was convicted of first degree murder in shooting death of a rival gang member. Court properly summarily dismissed postconviction petition alleging ineffective assistance of counsel. Defendant did not overcome strong presumption that defense counsel's advice that Defendant not testify was reasonable trial strategy; and Defendant failed to voice a desire to testify at time of trial. Appellate counsel's decision to forego raising these issues on appeal was reasonable. Defendant was not denied any constitutional right by being assessed court costs for filing frivolous petition, to be deducted from his prisoner trust account. (McBRIDE and R.E. GORDON, concurring.)