People v. Thomas

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2017 IL App (4th) 150815
Decision Date: 
Friday, December 22, 2017
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed.
Justice: 
DeARMOND

Defendant was convicted, after bench trial, of armed robbery with a firearm and aggravated vehicular hijacking. There was a meeting of the minds as to State's intention in extending offer with a requirement that Defendant serve 17.85 years (21 years served at 85%). Defendant cannot show outcome would have changed as a result of counsel's lack of knowledge about percentage of time served under statute. Defense counsel's failure to advise of collateral consequences of guilty plea is not ineffective assistance of counsel. For a defendant to make a "clear claim" of ineffective assistance of counsel, Defendant must at least mention his attorney, or he is not entitled to a Krankel inquiry. (TURNER and KNECHT, concurring.)