People v. Lamar

Defendant's postconviction petition supports a substantial showing that he was denied effective assistance of counsel in alleging that trial counsel failed to file a notice of appeal. Defendant alleged that he never told counsel that he did not want to appeal, he thought one was pending, and he expected and wanted an appeal, and explicitly asked trial counsel to take steps to prepare an appeal. Allegations, if proven at evidentiary hearing, would demonstrate that trial counsel's performance was deficient. Defendant's petition sets forth a substantial showing of a constitutional violation and thus Defendant is entitled to an evidentiary hearing. (McBRIDE and HOWSE, concurring.)