People v. Ayres

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In April 2013, Ayres, pled guilty to aggravated battery and was sentenced to 12 months’ conditional discharge, with the requirement he not leave the state without court permission. In July, the state sought to revoke his conditional discharge alleging Ayres left the state without court approval. Ayres stipulated he left the state without permission. At sentencing, McClellan testified he had been Ayres’s attorney in the past and had received a telephone call from Ayres months earlier. Ayres stated he was the subject of a police investigation involving a shooting. McClellan responded “you need to get the hell out of Dodge.” McClellan stated that, based on previous conversations with Ayres’s mother, Jones, he believed Ayres had places within the state where he could go. He denied being told Ayres could only go to Indianapolis. Jones testified she told McClellan the only place Ayres could go was Indianapolis. The court sentenced Ayres to seven years’ imprisonment. Ayres’s attorney filed a motion to reconsider sentence, arguing it was excessive. Ayres mailed a pro se petition to withdraw guilty plea and vacate sentence, alleging “ineffective assistance of counsel.” The court held a hearing and denied counsel’s motion. Ayres was not present. The court did not reference defendant’s petition. The appellate court affirmed, finding the words “ineffective assistance of counsel” without explanation or supporting facts insufficient to trigger the court’s duty to inquire. The Illinois Supreme Court reversed, finding the allegation sufficient to trigger a duty to determine whether new counsel should be appointed. View "People v. Ayres" on Justia Law