People v. Wheeler

PRESIDING JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

The primary issue on this appeal is whether the trial court erred when it granted a postconviction petition, without first holding an evidentiary hearing. During the pendency of this appeal, the Illinois Supreme Court remanded a similar case for an evidentiary hearing. People v. Bumpers, 229 Ill. 2d 632 (2008). Accordingly, we vacate the trial court’s order and remand for an evidentiary hearing.

BACKGROUND

On April 3, 2003, defendant Anthony Wheeler pled guilty, pursuant to a plea agreement, to one count of armed robbery,…