People v. Smalley

Defendant, Donald Smalley, Sr., was indicted by a De Kalb County Grand Jury for attempt murder and aggravated assault. A jury found him guilty of both offenses and he was sentenced to concurrent terms of three to twenty and one to five years’ imprisonment. Defendant, while in the penitentiary, filed a post-conviction petition, which petition was amended and later dismissed on grounds of mootness and res judicata. Defendant contends on appeal that the cause is not moot, that the cause is not barred by res judicata, and that he did not receive effective assistance of counsel in the…