People v Taylor, Staten 4-14-0060

People v. Staten Taylor, 2017 IL App (4th) 140060 (December 1, 2017)

INEFFECTIVE ASSISTANCE The Fourth District found that defendant’s claims of ineffective assistance were better suited for a collateral proceeding because they depended on proof of matters outside of the record.

PLAIN ERROR The Fourth District declined to analyze defendant’s claims under the first prong of plain error out of concern that a resolution on the question of prejudice would foreclose claims of ineffective assistance that defendant could bring in a collateral proceeding.

INSTRUCTIONS The Fourth District held that IPI Criminal No. 3.12, concerning a witness’s prior convictions, was not a mandatory instruction. The defense needed to tender it, if the defense wanted to undermine the prosecution witness’s credibility.

KRANKEL The trial court adequately inquired into defendant’s pro se allegations of ineffective assistance, questioning him and his counsel, and giving him ample opportunity to explain each of his allegations.

SENTENCING The prosecution’s plea offer was not in the record, and in any event, it has no effect on an argument challenging a greater sentence imposed after a trial. Defendant was sentenced as a Class X offender, and the 15-year prison term for aggravated domestic battery was not an abuse of discretion.