Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, by jury trial, of 1st degree murder on a theory of accountability and was sentenced to 40 years. Court erred in entering summary dismissal of postconviction petition. Petition stated an arguable claim that trial counsel provided ineffective assistance by usurping his decision to receive a bench trial instead of a jury trial. Defendant's mere silence on the record when his counsel requested a jury trial does not affirmatively rebut Defendant's ineffective assistance claim. Further postconviction proceedings would clarify discussions which appear to have occurred between Defendant and his 2nd attorney on this question. (LAVIN and COGHLAN, concurring.)