People v. Abernathy

Raymond D. Abernathy appeals from his conviction of aggravated battery with a firearm (720 ILCS 5/12 — 4.2(a)(1) (West 2004)). Alleging that he was indigent, he contends that the trial court denied him his right to counsel when, during posttrial proceedings, it denied his request to discharge his privately retained attorney and appoint a public defender. Because the trial court assumed that Abernathy was able to afford an attorney without conducting an inquiry into his financial circumstances and instead treated the matter as one of choice of counsel, we reverse and remand for further…