People v. Mares

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2018 IL App (2d) 150565
Decision Date: 
Friday, January 26, 2018
District: 
2d Dist.
Division/County: 
Boone Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON

(Court opinion corrected 1/29/18.) Defendant was convicted, after bench trial, of armed violence, based on evidence that Defendant committed offense of aggravated battery while armed with a box cutter, which court considered a "Category II weapon". Counsel's having filed Rule 23(c ) motion for summary disposition, rather than submitting an appellate brief, and without withdrawing in accordance with Anders and Jones, does not mean counsel did not function as an advocate. (McLAREN, specially concurring; JORGENSEN, dissenting.)