People v. Sally

Defendant Ernest Sally was charged by information with criminal damage to property and attempt escape. Following a jury trial, he was found guilty as charged, and a conviction was entered on the attempt verdict only. An extended term of imprisonment for 10 years was imposed following a presentence investigation and sentencing hearing.

This appeal questions whether defendant was denied his right to effective assistance of counsel because a per se conflict of interest existed where defense counsel had previously represented the State’s chief witness in a prosecution for the same offense with…