People v. Fields

Illinois Appellate Court
Criminal Court
Severance
Citation
Case Number: 
2014 IL App (1st) 110311
Decision Date: 
Tuesday, February 11, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
PIERCE
Defendant was convicted, after jury trial, of armed robbery and being an armed habitual criminal. Defendant was not denied effective assistance of counsel by his counsel failing to move for severance of charges against him. Decision whether to seek severance is generally a matter of trial strategy, and Defendant failed to overcome that presumption. Defendant's Class 4 AUUW conviction cannot stand, as it has been found unconstitutional, as predicate offense for armed habitual criminal conviction. 15-year enhancement for use of firearm is constitutional. (NEVILLE and MASON, concurring.)