Defendant was convicted of attempted 1st degree murder, 2 counts of aggravated battery, and mob action. Court properly summarily dismissed Defendant's pro se postconviction petition, as record positively rebuts claim of ineffective assistance of trial counsel. Record rebuts his claim that counsel refused to allow him to testify, as State asked court to admonish Defendant to admonish him as to his right to testify, and throughout the admonitions Defendant did not mention any pressure from counsel. Trial counsel discussed at great length Defendant’s decision not to testify, and Defendant's decision not to testify must be viewed as a strategy with which he agreed. Court assessed statutory State's Attorney fees, which are not limited to direct appeals following conviction and apply in appeals in postconviction proceedings.(BURKE, concurring; McLAREN, dissenting.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions