People v. Poole

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (4th) 101017
Decision Date: 
Tuesday, July 17, 2012
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed as modified; remanded with directions.
Justice: 
COOK
Defendant was not denied effective assistance of counsel when his trial counsel did not move to sever the posssession-of-a-firearm-by-a-felon charge from charges of aggravated battery with a firearm and aggravated discharge of a firearm. A defense decision not to seek a severance is a matter of trial strategy. A defendant convicted of multiple offenses may be sentenced to extended-term sentence only on those offenses within the most serious class. Defendant cannot be sentenced to an extended term if the most serious offense convicted does not allow extended term. (STEIGMANN and APPLETON, concurring.)