Defendant was convicted, after jury trial, of armed robbery with a dangerous weapon and armed robbery with a firearm. Defendant filed postconviction petition alleging that trial counsel provided ineffective assistance by unduly influencing him to reject a plea offer through promise of acquittal and by stipulating to admissibility of a jail phone call involving Defendant. Trial court wrongly dismissed Defendant's claim that trial counsel was ineffective for influencing him, with a promise of acquittal, to reject plea offers. Court properly dismissed claim as to stipulation, as the recording is difficult to understand, making it reasonable for counsel to strategize that jury would give it very little weight. Defendant did not provide support with his petition to show that he was not one of the parties on the recording. (HUDSON and BRENNAN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel