Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after bench trial, of delivering more than one gram of heroin, and was sentenced to 6 years. Defense attorney's performance fell below an objective standard of reasonableness, and Defendant showed a reasonable probability that the court would have imposed a lesser sentence if his counsel had not erred, given Defendant's minimal criminal history. Defense counsel erred in failing to object to the use of his 2 gun possession convictions from 1995 which resulted from violations of unconstitutional statutes. Failure to object to use of those 2 convictions in aggravation cannot have served any strategic purpose.(PIERCE and HYMAN, concurring.)