Defendant was convicted, after bench trial, of the offense of being an armed habitual criminal (AHC) and sentenced to 12 years. Defendant's statement in PSI (presentence investigation report) and counsel's posttrial motions both raised the issue of Defendant not being afforded the opportunity to testify to his exculpatory account of events. Although Defendant did not expressly accuse trial counsel fo ineffective assistance, his allegations are reasonably read as a claim that counsel deprived him of his right to testify by not properly consulting with him. Remanded for court to conduct a Krankel inquiry into these allegations. Defendant has not shown a reversible double enhancement. Court did not act improperly in referring to Defendant's prior convictions, including the burglaries underlying his AHC offense, in finding that he should not receive the minimum 6-year sentence; court is required to weigh Defendant's criminal history as it relates to his rehabilitative potential. (GRIFFIN and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel