Defendant was convicted of armed violence, unlawful possession with intent to deliver a controlled substance, and unlawful possession of a controlled substance, and pled guilty to aggravated unlawful use of a weapon. Defense counsel consulted with Defendant to ascertain his contentions of deprivations of constitutional rights, examined trial record, and made any amendments to defendant's pro se postconviction petition necessary for adequate representation of his contentions. Thus, counsel's performance was reasonable and his withdrawal was proper in light of his compliance with Rule 651(c) and the fact that he believed petition was frivolous. Defendant is not entitled to new appointed counsel on remand, as his original counsel performed reasonably.(O'BRIEN, concurring; SCHMIDT, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions