Defendant entered pleas to sexual assault offenses, and was sentenced to aggregate 60 years. Court denied his motion to withdraw his guilty please. Defendant filed numerous petitions and motions to set aside his guilty pleas. Court erred by dismissing Defendant's amended successive postconviction petition, as Defendant made a substantial showing of cause and prejudice. Trial counsel's alleged failure to inform Defendant of the State's 24-year plea offer was an objective, external factor that prevented him from raising the issue in the initial postconviction petition. Defendant attached a copy of the State's 24-year plea offer, and his affidavit that stated that he learned of this offer only after he filed an ARDC complaint against his trial counsel. (CAVANAGH and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions