Defendant was convicted, after jury trial, of delivery of less than one gram of a controlled substance (heroin) within 1,000 feet of a school, and sentenced to 13 years. Court failed to properly conduct preliminary Krankel hearing, by moving directly to merits of Defendant's claim of ineffective assistance of counsel without first determining whether sufficient facts were alleged to show possible neglect and deciding whether to appoint conflict counsel. Court denied Defendant his constitutional right to self-representation at posttrial proceedings that followed Krankel hearing; remanded for new proceedings oin motion for new trial and sentencing because Defendant invoked his right to represent himself. Given trial judge's prior rulings and comments to Defendant, remanded to a different trial judge for new preliminary Krankel hearing, for hearing on motion for new trial if necessary, and for sentencing if necessary. (McBRIDE and COBBS, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel