It was reasonable for counsel on direct appeal to not raise the issue that trial court failed to comply with Rule 401(a) before allowing Defendant to represent himself. Trial court substantially complied with Rule 401(a) by, all in the same hearing, accepting Defendant's waiver of counsel and advising him of the charges and possible penalties. Record shows that Defendant's decision to waive counsel was knowing and voluntary. Defendant, age 30, had an associate's degree, reported no history of mental health problems, and had some experience with the legal system as he had a previous criminal case that had gone to trial. Defendant's stated reason for choosing self-representation, that he believed a lawyer had previously taken advantage of his mother, did not depend on the nature of the charge or the possible sentence. During arraignment, court again advised Defendant of his right to counsel at no cost to him. (BRIDGES and ZENOFF, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel