Defendant, who entered a fully negotiated guilty plea to charge of being an armed habitual criminal, and was sentenced to 18 years, challenged his plea counsel's performance in a postconviction petition. Defendant claimed reliance on his plea counsel's erroneous advise that he would serve only 50% of 18-year sentence if he pled guilty to that charge. Defendant failed to establish requisite showing of prejudice because he did not show that a decision to reject his plea bargain would have been rational under the circumstances of his case. Without requisite substantial showing of a constitutional violation, Defendant is not entitled to evidentiary hearing on his postconviction petition. (KARMEIER, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)
Illinois Supreme Court
Criminal Court
Ineffective Assistance of Counsel