Arising from an incident where a person fired several shots at a group standing outside a nightclub, Defendant was convicted, after bench trial, of 14 of the 16 charges filed against him. Defendant raised several claims of ineffective assistance of counsel in pro se motion, including that defense counsel fell asleep during trial while State examined a wintess.State presented sufficient evidence to prove Defendant committed the crimes for which he was convicted. State concedes the one-act, one-crime rule has been violated, and several of Defendant's convictions are thus vacated. Remanded for a new Krankel hearing, as proceedings did not properly conform to Krankel procedures. No examination of factual bases of pro se claims occurred. Record does not show that new counsel took any step to fulfill obligation to independently evaluate pro se allegations and present those with merit to court during 2nd-stage adversarial hearing. (CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel