People v. Hotwagner

Defendant appeared pro se at final pretrial conference and pled guilty to one count of aggravated criminal sexual assault in exchange for a 12-year sentence and State's dismissal of 2 other counts. At plea hearing, prosecutor advised court that he and Defendant had reached agreement after talking outside the courtroom; and that he had asked Defendant if he wanted a court-appointed attorney or if he wanted to speak with him, and Defendant said he wanted to speak with him. Defendant filed pro se postconviction petition, alleging that when he appeared for final pretrial conference he expected to be met by his former attorney, who had then recently withdrawn, but instead was met by State's Attorney, and he felt ambushed and threatened. Defendant cannot show reasonable probability that result of evidentiary hearing would have been different had witness, who stated in affidavit that he had witnessed hallway conversation. No ineffective assistance of counsel in handling postconviction petition. Trial court's denial of postconviction petition hinged on court's finding that Defendant was not credible. (CATES and GOLDENHERSH, concurring.)