People v. Delgado

Defendant appealed the summary dismissal of his post-conviction petition in which he argued that he was denied the reasonable assistance of post-conviction counsel where his post-conviction counsel failed to argue that his appellate counsel was ineffective for failing to argue that the trial court erred when it did not advise defendant at sentencing of his right to elect which sentencing law applied to him. The appellate court reversed and remanded for further proceedings under the act, finding that if post-conviction counsel had raised the issue the post-conviction petition would not have been summarily dismissed and that defendant should be permitted to amend his petition. (McLAREN and SCHOSTOK, concurring)