People v. Castellano

Defendant was convicted, after bench trial, of 1st-degree murder of one person and aggravated batteries of 2 persons, and sentenced to total 32 years. Prior to trial, a psychologist had evaluated Defendant and found that he had an IQ of 61, indicative of "mild mental retardation." The facts of the offense itself are not indicative of mental illness or impairment, but are indicative of being bent on revenge for a prior beating. Defendant failed to state the gist of an ineffectiveness claim for his counsel's alleged failure to request a fitness hearing. Trial transcript demonstrates Defendant's knowing and active participation in trial, and does not indicate lack of confidence in the interpreter by Defendant or his trial counsel. No indication that interpreter violated statutory and ethical obligations to translate accurately.Court thoroughly explained to Defendant the difference between bench and jury trial, and he participated actively and competently in bench trial. No indication that Defendant's intellectual disability prevented him from knowingly and voluntarily waiving his right to a jury trial. (LAMPKIN and REYES, concurring.)