Defendant, age 15 at time of offense, was charged along with a codefendant, age 16 at time of offense, of armed robbery, aggravated robbery, and aggravated unlawful restraint for accosting a woman in an alley and taking 2 backpacks from her. Defendant and codefendant were tried at joint bench trial and convicted of aggravated robbery and unlawful restraint. At trial, State introduced evidence that both had confessed to offense. Only the codefendant admitted that, during robbery, he told victim, "Don't make him [i.e., Defendant] shoot you." Court, in its findings, expressly cited that statement as evidence supporting aggravated robbery charge, and stated that Defendant was "accountable" for that statement. Trial counsel for Defendant was ineffective for failing to object to introduction of codefendant's inculpatory statement. That statement directly proved essential element of armed robbery, and it was inadmissible as evidence of Defendant's guilt, but court expressly considered it as such. (HOWSE and COBBS, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel