People v. Alberts

I respectfully dissent. I would affirm in full. Defendant has not established ineffective assistance of counsel. Under Strickland, defendant must show facts existed at the time of trial that would have raised a bona fide doubt about his ability to understand the nature and purpose of the proceedings and assist in his defense such that the trial court would have ordered a fitness hearing.

The record refutes the existence of a bona fide doubt. In fact, the trial court addressed the issue of fitness at length on the record. Defendant clearly understood the proceedings and assisted counsel with…