People v. Demus

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2015 IL App (1st) 140420
Decision Date: 
Wednesday, November 18, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Remanded with directions.
Justice: 
MASON
Defendant pled guilty to vehicular burglary and was sentenced to 2 years probation. Defendant was later arrested for allegedly burglarizing a vehicle, and State filed petition for violation of probation.Defendant sufficiently raised a pro se claim of ineffective assistance of counsel, with sufficient specificity. Defendant's underlying claim was that officer lied on the witness stand during violation of probation hearing, because event query placed officer's arrival at scene of arrest much later than when Defendant was actually arrested, and trial counsel failed to subpoena event query as Defendant requested. Remanded for court to conduct proper Krankel hearing. (FITZGERALD SMITH and PUCINSKI, concurring.)