People v. Curry

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2018 IL App (1st) 153635
Decision Date: 
Tuesday, May 22, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Remanded with directions.
Justice: 
HYMAN

Defendant was convicted of armed robbery, on an accountability theory. At posttrial hearing, defense counsel told court that Defendant alleged that counsel was ineffective for failing to move to suppressx his statement to police based on Miranda. Court did not ask any further questions of Defendant or his counsel to discern factual basis of claim.Remanded for adequate preliminary inquiry. Pepper spray used on store clerk was a "dangerous weapon" within meaning of armed robbery statute. (NEVILLE and MASON, concurring.)