Defendant was convicted, after bench trial, of aggravated domestic battery. Defendant filed pro se a motion to reduce sentence that also alleged that trial counsel was ineffective. Court erred in addressing merits of Defendant's ineffective assistance of counsel claims instead of determining whether new counsel should have been appointed, as court had previously allowed appointed counsel to withdraw because of a potential conflict. Court committed reversible error when it conducted Krankel hearing and concluded, on the merits, that there was no ineffective assistance of counsel. The sole issue to be decided at a Krankel hearing is whether to appoint counsel. Remanded with directions to appoint new counsel for Defendant, so that new counsel may take whatever action the new counsel deems appropriate as to Defendant's pro se claims of ineffective assistance of counsel. (HARRIS and KNECHT, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel