Defendant was convicted of being an armed habitual criminal and appealed alleging he was denied effective assistance of counsel and challenging his sentence as being an improper double enhancement because a prior aggravated battery conviction was used as a factor in aggravation at sentencing and was an element in the offense of armed habitual criminal. The appellate court found defendant was denied the effective assistance of counsel where counsel did not stipulate to prior offenses establishing defendant’s felon status, which allowed the jury to hear prejudicial testimony. The appellate court reversed and remanded for a new trial, instructing the trial court that if the defendant was convicted that the predicate felonies used to form the basis of the criminal charges not be considered as aggravating factors. (CATES and VAUGHAN, concurring)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel