People v. Powers

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2011 IL App (2d) 090292
Decision Date: 
Wednesday, November 23, 2011
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
McLAREN
(Court opinion corrected 11/29/11.) Defendant was convicted, after jury trial, of attempted aggravated criminal sexual assault. Defendant failed to make substantial showing of constitutional violation in his postconviction petition claiming counsel was ineffective for giving incorrect information as to plea offer made prior to trial. Defendant's contention, that if his counsel had raised correct good-conduct credit calculation the State would have made offer with more generous credit applying, is speculative and presumes facts not established. (HUTCHINSON and BIRKETT, concurring.)