People v. Rivera

Defendant, Carlos Rivera, appeals the circuit court’s order summarily dismissing his petition pursuant to the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122 — 1 et seq. (West 2000)). Defendant contends that the petition states a valid claim that he was deprived of the effective assistance of counsel when his lawyer did not heed his request to appeal. We reverse and remand.

Defendant pleaded guilty to aggravated criminal sexual abuse (720 ILCS 5/12- — 16(d) (West 2000)). A plea agreement called for a sentence cap of five years. After hearing the factual basis, the trial court accepted…