People v. Vega

Presiding Justice Jorgensen and Justice McLaren concurred in the judgment and opinion.

OPINION

Tito E Vega appeals his conviction of criminal damage to government-supported property in excess of $500 (720 ILCS 5/2—4(1)(a) (West 2008)), a Class 3 felony. At issue is whether Vega’s counsel was ineffective when he failed to timely discover that sales tax might have been wrongly charged and paid during the repair process, such that the actual damage was under $500, making his offense a Class 4 felony. We determine that Vega’s counsel was ineffective for failing to timely discover the matter.…