People v. Fernandez

Frank Fernandez, defendant, appeals from the denial of his petition for post-conviction relief. The record reveals that Fernandez was charged with felony murder (Ill. Rev. Stat. 1985, ch. 38, par. 9— 1(a)(3)), predicated on his acts as an accessory to a burglary and subsequent murder, where the victim was bludgeoned to death with a hatchet used by codefendant, Charles Wright. We affirm.

In 1986, Richard Berry served as court-appointed counsel for Fernandez, representing him in plea negotiations and in the sentencing hearing. After setting the sentence at 40 years’ imprisonment, the judge…