People v. Sawczenko

Defendant, Steven Sawczenko, appeals from an order of the circuit court of Du Page County summarily dismissing his second postconviction petition without an evidentiary hearing. For the reasons that follow, we reverse and remand.

I. FACTS

On September 12, 1994, defendant pleaded guilty to aggravated battery to a peace officer (720 ILCS 5/12 — 4(b)(6) (West 1992)). The trial court sentenced defendant to 5 years’ imprisonment to be served consecutively to a 20-year prison term for a separate, unrelated offense. On October 7, 1994, defendant filed a pro se motion to withdraw his plea of guilty and…