People v. Trujillo

(Court opinion corrected 5/15/12.) /Defendant's claim of ineffective assistance of counsel is based on a meritorious legal theory: that a defendant has the right to decide whether to plead guilty, and his counsel's failure to disclose plea offer to defendant may give rise to constitutional claim of ineffective assistance of counsel, regardless of whether defendant subsequently received a fair trial. Whether counsel informed Defendant of plea offer cannot be resolved at first stage of postconviction proceedings as it requires credibility determination. (QUINN and HARRIS, concurring.)