People v. Gomez

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

OPINION

Defendant, Favian G. Gomez, appeals from the second-stage dismissal of his amended postconviction petition. On appeal, defendant claims that (1) his trial counsel was ineffective, because, despite defendant’s request for him to do so, counsel failed to file a motion to withdraw defendant’s guilty plea, and (2) he is entitled to additional days of sentencing credit for the time he served in custody before being sentenced. We affirm the dismissal but modify the mittimus.

The facts relevant to…