Illinois Appellate Court
Criminal Court
Waiver
Defendant was convicted, after jury trial, of first degree murder. Prior to sentencing, Defendant agreed to waive his appeal and postconviction rights in exchange for State's agreement not to pursue death penalty. Defendant was properly admonished of his right to file postconviction petition, and thus was barred from filing such a petition. There are no specific admonishments prescribed for waiver of postconviction rights, and thus inquiry is whether Defendant's waiver was a knowing, intelligent act done with sufficient awareness of relevant circumstances and likely consequences, which it was in the present case. Waiver was made by Defendant in open court, while he was represented by counsel, and court addressed Defendant directly and ascertained that he understood what rights he was waiving. (McDADE and WRIGHT, concurring.)