People v. Rippatoe

State: Illinois

Court: 3rd District Appellate

Docket No: 3-09-0983 NRel

Case Date: 03/11/2011

Preview:No. 3--09--0983 Opinion filed March 11, 2011 _________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2011 THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of the 9th Judicial Circuit, ) McDonough County, Illinois, Plaintiff-Appellee, ) ) v. ) No. 06--CF--163 ) DARRELL RIPPATOE, ) Honorable ) Edward R. Danner, Defendant-Appellant. ) Judge, Presiding. ________________________________________________________________ JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. Presiding Justice Carter and Justice O'Brien concurred in the judgment and opinion. ________________________________________________________________ OPINION The defendant, Darrell Rippatoe, appeals from an order of the circuit court of McDonough County denying his posttrial claims of ineffective assistance of counsel and denying his request for appointment of new counsel. This is the second time

that the defendant's posttrial claim of ineffective assistance of trial counsel has been brought before this court. We previously

remanded this matter to the circuit court with directions to conduct an appropriate inquiry into whether new counsel should be appointed to present the defendant's claim of ineffective assistance of trial counsel. People v. Rippatoe, No. 3--07--0646

(2009) (unpublished order under Supreme Court Rule 23). FACTS A jury found the defendant guilty of home invasion (720 ILCS 5/12--11(a)(6) (West 2006)) and resisting or obstructing a peace officer (720 ILCS 5/31--1(a) (West 2006)). At the sentencing hearing, the defendant raised allegations of ineffective assistance of counsel. The trial judge, Judge Larry Heiser, did

not address the defendant's claims of ineffective assistance of trial counsel. The court sentenced the defendant to 6

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