People v. Washington

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2015 IL App (1st) 131023
Decision Date: 
Tuesday, June 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Remanded with directions.
Justice: 
PIERCE
Defendant was convicted, after bench trial, of possession of a controlled substance and sentenced to 18 months in prison. Court erred in informing Defendant that he was required to file a written motion, upon Defendant making oral pro se posttrial claim of ineffective assistance of trial counsel. Defendant then stated that he could not put his claim in writing and only "withdrew" his motion when court again stated that motion must be in writing. Court denied Defendant opportunity to tell court of his specific complaints as court cut him short by insisting that he must put motion in writing. Court erred in failing to conduct inquiry into basis of alleged claim. Remanded for limited purposes of allowing trial court to conduct required preliminary investigation. (NEVILLE and LIU, concurring.)