APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION
525 N.E.2d 1033, 171 Ill. App. 3d 860, 121 Ill. Dec. 726 1988.IL.906
Appeal from the Circuit Court of Cook County; the Hon. William Cousins, Judge, presiding.
JUSTICE LINN delivered the opinion of the court. JIGANTI, P.J., and McMORROW, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN
Following a bench trial, defendant, Ronald Gray, was convicted of attempted murder, aggravated battery, and armed violence predicated on aggravated battery. He was sentenced to two terms of 15 years' imprisonment, to run concurrently.
On appeal, Gray contends that he was denied effective assistance of counsel because his trial attorney allegedly refused to permit him to plead guilty; his sentence was excessive under the mitigating circumstances; Gray was denied effective assistance of counsel at the hearing on his motion to reopen sentencing because the attorney failed to advise the court of certain facts; and his conviction for armed violence predicated on aggravated battery must be vacated because it is based on the same act as his attempted murder conviction.
The facts can be quickly stated in light of Gray's post-conviction admission of guilt.
On June 28, 1985, Gray shot Reginald Patterson four times. At trial Patterson testified that Gray approached him with a single-shot pump shotgun and told him that he "got to kill" him. After Gray shot him once, in the groin area, Patterson fell and pleaded with Gray to "talk to" him. Gray shot Patterson three more times, in the thigh, the thumb area of one hand, and in the eye.
Patterson was taken to the hospital, where he registered no pulse and no blood pressure. After emergency surgery, Patterson recovered, although his eye was later removed.
In defense, Gray, his sister, Yvonne, and his mother, Helen, testified that he was at home at the time of the incident. Yvonne Gray also testified that Patterson had beaten her the day before the shooting.
Patterson's mother testified that Helen Gray had come to the house on the day of the shooting looking for Patterson and Yvonne's baby, stating that "all hell would break loose" if the ...