Illinois Appellate Court
Criminal Court
Postconviction Petitions
Court erred in dismissing postconviction petition alleging ineffective assistance of guilty plea counsel where plea counsel's advice was incorrect as to available sentencing credit. Defendant attached affidavit to his petition, averring that he would not have pleaded guilty but for erroneous advice of plea counsel that he was eligible for good-conduct credit for participation in certain Department programs. This averment is sufficient to entitle Defendant to evidentiary hearing. (CATES and CHAPMAN, concurring.)