People v. Rogers

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2015 IL App (2d) 130412
Decision Date: 
Tuesday, September 29, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON
Defendant was convicted, after jury trial, of attempted first-degree murder, solicitation of murder, and home invasion. No ineffective assistance of counsel; defense counsel's decision whether and to what extent to challenge attacker as to proffer agreement and his statement was part of a reasonable trial strategy to exploit the inconsistencies in his statements, to challenge his credibility, and to emphasize his relationship with daughter of Defendant and victim, who was Defendant's former husband. Defense counsel's failure to object during State's closing argument did not deprive Defendant of a fair trial; prosecutor is allowed wide latitude in closing arguments. Once court granted Defendant's postconviction petition, it vacated Defendant's guilty plea and accompanying sentence, both parties were then returned to status quo as it existed prior to acceptance of plea, and thus court then correctly reinstated all charges and order trial on all charges. Neither side could then later claim benefit of prior agreement. (ZENOFF and SPENCE, concurring.)