People v. Edsall

I respectfully dissent.

This court should hold defendant’s post-conviction petition alleging incompetence of trial counsel is barred by res judicata and by waiver.

The opinion in the direct appeal reflects that in one of his pro se motions filed prior to sentencing defendant sought leave to withdraw the plea of guilty. In that motion he attacked the competency of his trial counsel by alleging that he had not been apprised of the full consequences of his plea by his attorney, and that he was coerced to plead guilty by his attorney.

A new attorney was later appointed to assist defendant in…