Illinois Appellate Court
Criminal Court
Conflict of Interest
Defendant pled guilty to theft by deception, and received probation, which State then petitioned to revoke. Defendant's appointed attorney, who practiced with private law firm which represented victim's estate, labored under per se conflict of interest. If any attorney in private law firm undertakes representation that would create per se conflict of interest, conflict is imputed to all attorneys in firm. Defendant is entitled to new probation revocation and sentencing hearings given per se conflict of interest.(O'BRIEN, specially concurring; SCHMIDT, dissenting.)