People v. Stockton

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2018 IL App (2d) 160353
Decision Date: 
Friday, July 20, 2018
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant entered a nonnegotiated guilty plea to 1st-degree murder of her newborn daughter. Sixth amendment guarantees the right to the effective assistance of trial counsel, not appellate counsel. Although a postconviction petition must be given a liberal construction, the reference in petition to the sixth amendment did not transform her claim into one of ineffective assistance of appellate counsel. Thus, court properly dismissed postconviction petition, which made no reference to appellate counsel.(ZENOFF and JORGENSEN, concurring.)