People v. Carballido

State: Illinois

Court: 2nd District Appellate

Docket No: 2-09-0340 Official Reports

Case Date: 03/17/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Carballido, 2011 IL App (2d) 090340

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JUAN CARBALLIDO, Defendant-Appellant.

District & No.

Second District Docket No. 2-09-0340 March 17, 2011 August 10, 2011 The summary dismissal of defendant's pro se postconviction petition alleging that his counsel was ineffective in failing to pursue a motion to suppress incriminating statements he made to the police was reversed, where the trial court failed to apply the appropriate standard when it went beyond a limited stage-one analysis and weighed various factors in concluding that defendant's statements were voluntary.

Filed Modified upon denial of rehearing Held
( Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Lake County, No. 04-CF-3218; the Hon. Theodore S. Potkonjak, Judge, presiding.

Judgment

Reversed and remanded.

Counsel on Appeal

Gary R. Peterson and Michael H. Vonnahmen, both of State Appellate Defender's Office, of Springfield, for appellant. Michael J. Waller, State's Attorney, of Waukegan (Lawrence M. Bauer and Sally A. Swiss, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

PRESIDING JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Justices Hudson and Birkett concurred in the judgment and opinion.

OPINION

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