defendant raising claim in Illinois

2025People v. Gunn, 2020 IL App (1st) 170542 , ¶ 91. ¶ 39 “The Strickland standard applies equally to claims of ineffective appellate counsel, and a defendant raising such a claim must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.” People v. Petrenko, 237 Ill. 2d 490, 497 (2010).

2024Id. - 17 - ¶ 58 “The Strickland standard applies equally to claims of ineffective appellate counsel, and a defendant raising such a claim must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.” People v. Petrenko, 237 Ill. 2d 490, 497 (2010).

2020See Ramirez, 2012 IL App (1st) 093504, ¶ 28 .

2020See Ramirez, 2012 IL App (1st) 093504, ¶ 28 .

2023A 17 reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland, 466 U.S. at 694 . ¶ 49 “The Strickland standard applies equally to claims of ineffective appellate counsel, and a defendant raising such a claim must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.” People v. Petrenko, 237 Ill. 2d 490, 497 (2010).

2023A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland, 466 U.S. at 694 . ¶ 43 “The Strickland standard applies equally to claims of ineffective appellate counsel, and a defendant raising such a claim must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.” People v. Petrenko, 237 Ill. 2d 490, 497 (2010).

2023“The Strickland standard applies equally to claims of ineffective appellate counsel, and a defendant raising such a claim must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.” People v. Petrenko, 237 Ill. 2d 490, 497 (2010) (citing People v. Golden, 229 Ill. 2d 277, 283 (2008)). ¶ 28 Appellate counsel’s performance will not be deemed deficient merely because counsel failed to raise “every conceivable issue on appeal,” however, counsel is expected to “exercise professio

2010People v. Golden, 229 Ill. 2d 277, 283 (2008).

2020A defendant raising such a claim “ ‘must overcome the strong presumption that the challenged action or inaction of counsel was the product of sound trial strategy and not of incompetence.’ ” People v. Campos, 2019 IL App (1st) 152613, ¶ 46 (quoting People v. Coleman, 183 Ill. 2d 366, 397 (1998)).

2019See, e.g., People v. Coleman, 183 Ill. 2d 366, 397 (1998) (“[A] defendant must overcome the strong presumption that the challenged action or inaction of counsel was the product of sound trial strategy and not of incompetence.”); People v. Dupree, 2018 IL 122307, ¶ 44 ; People v. Peterson, 2017 IL 120331, ¶ 80 (“[T]he strong presumption that counsel’s strategy was sound may be overcome where counsel’s decisions appear to be so irrational that no reasonably effective defense attorney in similar -5- circumstances would pursue such a strategy” (citing with approval People v. Lewis, 2015 IL App (1s

2011A criminal defendant who elects to be tried in a bench trial “is entitled to the same fair, patient, and impartial consideration he would be entitled to by a jury composed of fair, impartial, careful and considerate jurors.” People v. Trefonas, 9 Ill. 2d 92, 100 (1956).

2011A criminal defendant who elects to be tried in a bench trial “is entitled to the same fair, patient, and impartial consideration he would be entitled to by a jury composed of fair, impartial, careful and considerate jurors.” People v. Trefonas, 9 Ill. 2d 92, 100 (1956).

2023People v. Papaleo, 2016 IL App (1st) 150947, ¶ 21 .

2020The Strickland standard applies equally to claims of ineffective assistance of appellate counsel and a defendant raising such a claim “ ‘must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.’ ” People v. Papaleo, 2016 IL App (1st) 150947, ¶ 21 (quoting People v. Petrenko, 237 Ill. 2d 490, 497 (2010)).

2023See Clark, 2023 IL 127273, ¶¶ 72-73, 86-88 ; People v. Hilliard, 2021 IL App (1st) 200112, ¶ 25 . ¶ 41 In assessing whether a de facto life sentence has been imposed, the court must consider the defendant’s “earliest opportunity for release.” People v. Dorsey, 2021 IL 123010, ¶ 54 (citing Reyes, 2016 IL 119271, ¶ 10 , and People v. Patterson, 2014 IL 115102, ¶ 108 ).

2023People v. Clark, 2023 IL 127273, ¶¶ 72-73 ; People v. Hilliard, 2021 IL App (1st) 200112, ¶ 25 . ¶ 141 Here, the trial court sentenced defendant to 100 years in prison on January 31, 2020.

2026“A defendant raising a claim concerning appellate counsel ‘must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.’ ” People v. Carlisle, 2019 IL App (1st) 162259, ¶ 76 (quoting Petrenko, 237 Ill. 2d at 497).

2023“The Strickland standard applies equally to claims of ineffective appellate counsel, and a defendant raising such a claim must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.” People v. Petrenko, 237 Ill. 2d 490, 497 (2010) (citing People v. Golden, 229 Ill. 2d 277, 283 (2008)). ¶ 28 Appellate counsel’s performance will not be deemed deficient merely because counsel failed to raise “every conceivable issue on appeal,” however, counsel is expected to “exercise professio

2023See Clark, 2023 IL 127273, ¶¶ 72-73, 86-88 ; People v. Hilliard, 2021 IL App (1st) 200112, ¶ 25 . ¶ 41 In assessing whether a de facto life sentence has been imposed, the court must consider the defendant’s “earliest opportunity for release.” People v. Dorsey, 2021 IL 123010, ¶ 54 (citing Reyes, 2016 IL 119271, ¶ 10 , and People v. Patterson, 2014 IL 115102, ¶ 108 ).

2022To do so, the defendant must show that it would have been rational under the circumstances to reject the plea offer and insist on going to trial (People v. Brown, 2017 IL 121681, ¶ 40 ) or that there was a plausible defense he could have raised had the case gone to trial (People v. Hall, 217 Ill. 2d 324, 335-36 (2005)).

2021“Under Strickland, a defendant must establish that his counsel’s performance fell below an objective standard of reasonableness and that he was prejudiced by counsel’s deficient performance.” Brown, 2017 IL 121681, ¶ 25 . -7- Counsel’s performance is measured by “an objective standard of competence under prevailing professional norms.” People v. Evans, 186 Ill. 2d 83, 93 (1999). “[S]trategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.” Strickland, 466 U.S. at 690 . ¶ 17 “The Strickland standard applies equally to claim

2020App. 3d at 900-01 (“Appellate counsel’s representation fell below the objective standard of reasonableness”), - 22 - 1-17-1899 People v. Dixon, 2019 IL App (1st) 160443, ¶ 46 (“Prejudice from appellate counsel’s deficient performance depends entirely on the merits of the underlying legal question.”). ¶ 48 The trial court’s judgment granting the State’s motion to dismiss is, therefore, reversed. ¶ 49 Finally, we must take note that the offense in this case occurred in 1992 and defendant went to trial in this matter in 1997.

2020A defendant raising such a claim “ ‘must overcome the strong presumption that the challenged action or inaction of counsel was the product of sound trial strategy and not of incompetence.’ ” People v. Campos, 2019 IL App (1st) 152613, ¶ 46 (quoting People v. Coleman, 183 Ill. 2d 366, 397 (1998)).

2020See People v. Johnson, 2019 IL App (1st) 162999, ¶ 54 (“A defendant raising a claim concerning appellate counsel ‘must show both that appellate counsel’s performance was deficient and that, but for counsel’s errors, there is a reasonable probability that the appeal would have been successful.’ [Citation.]”), Hanks II, 335 Ill.

2019See, e.g., People v. Coleman, 183 Ill. 2d 366, 397 (1998) (“[A] defendant must overcome the strong presumption that the challenged action or inaction of counsel was the product of sound trial strategy and not of incompetence.”); People v. Dupree, 2018 IL 122307, ¶ 44 ; People v. Peterson, 2017 IL 120331, ¶ 80 (“[T]he strong presumption that counsel’s strategy was sound may be overcome where counsel’s decisions appear to be so irrational that no reasonably effective defense attorney in similar -5- circumstances would pursue such a strategy” (citing with approval People v. Lewis, 2015 IL App (1s