People v. Walker

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2018 IL App (1st) 160509
Decision Date: 
Thursday, December 27, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

Defendant was convicted, after jury trial, of 1st degree murder, and found that Defendant personally discharged firearm that caused victim's death. Defendant claimed that his defense counsel was ineffective in failing to inform him of mandatory 25-year firearm enhancement, leading him to reject a 27-year plea offer. Defendant cannot show reasonable probability that, but for his counsel's deficient advice, he would have accepted plea offer. Even without mandatory enhancement, Defendant knew he was facing a possible 60-year sentence for murder, and the 53-year sentence he received was less than this maximum.(McBRIDE and BURKE, concurring.)