People v. Assenato

The defendant, Peter Assenato, appeals the trial court’s dismissal, without an evidentiary hearing, of his petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1989, ch. 38, par. 122 — 1 et seq. (now codified, as amended, at 725 ILCS 5/122 — 1 et seq. (West 1992))). The defendant argues that he was denied his sixth amendment right to counsel because the counsel who represented him at trial was not his counsel of choice.

On December 22, 1986, the State charged the defendant with the unlawful possession of a controlled substance with the intent to deliver (Ill. Rev. Stat. 1985, ch.…