Second District Appellate Court Upholds Counsel Pursuing Monetary Judgment Only on Direct Appeal.

In this case, the defendant was convicted for Armed Violence where the weapon was a boxcutter and sentenced to 10 years in prison. The Defendant appealed. Defendant’s appellate counsel did not file a brief challenging any issues regarding the conviction nor the sentence. Nor did he file an Anders motion stating that there were no issues to raise on appeal. Rather, counsel filed an “Agreed” Motion for Summary Disposition asking for an adjustment in costs as the defendant was overcharged.

The Defendant filed a post-conviction petition claiming ineffective assistance of appellate counsel which was dismissed. This was then appealed.

The appellate court ruled that appellate counsel followed proper procedure so long as there was some aspect of the judgment that could be challenged.

There was a stinging dissent that is worth reading. Part of it is quoted below:

“Defendant is entitled to a review of the propriety of his conviction and sentence. In other
words, defendant is entitled to a review of the deprivation of his liberty interests, not merely his
debt for costs.”

The case is People v. Jeremy Mares.

Related Posts
  • Number 10 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. McCavitt. Read More
  • U.S. Supreme Court Holds Defendants Sentenced on Mandatory Minimum Ineligible for Later Sentencing Reductions Based on Reduction in Guidelines Range. Read More
  • Seventh Circuit Orders Limited Remand in Light of United States v. Dean Read More