Defendant was convicted, after jury trial, of 4 counts of attempted 1st degree murder and sentenced to 4 concurrent terms of 40 years. Defendant's new counsel raised claim of ineffective assistance of counsel for the first time in petition for rehearing, and thus it is waived. Although counsel was deficient for failing to develop a plain error argument, Defendant was not prejudiced by this deficiency, as court did not err in sentencing him. Aggravating circumstances included that Defendant fired multiple times into an occupied vehicle in school neighborhood at dismissal time. Court did not impose a longer sentence due to Defendant's unproven gang membership, as court only remarked that Defendant was "involved in the gangs."(PUCINSKI and HYMAN, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing