Defendant was convicted, after bench trial, of aggravated battery and sentenced to 30 months of felony probation. Charges stemmed from altercation between Defendant, a cab driver, and a group of passengers who had been drinking. Court dismissed Defendant's postconviction petiton at 2nd stage. Petition alleged ineffective assistance of counsel as counsel failed to call Defendant's dentist in support of his claim of self-defense. Counsel's Rule 651(c) certificate explained that an affidavit from Defendant's dentist was not attached to petition because dentist refused to sign one. Unknown whether dentist would testify that Defendant's injured teeth could be the result of an injury at time of incident. Defendant did not make a substantial showing of a reasonable probability that, but for counsel's decision not to call the dentist, the outcome would have been different. (HALL and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Battery