People v. Davis

              No. 2--06--0319 Filed: 11-20-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
Plaintiff-Appellant, ))
v. ) No. 94--CF--76
)
LAVELLE L. DAVIS, ) Honorable
) Timothy Q. Sheldon,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
A jury found defendant, Lavelle L. Davis, guilty of first-degree murder while attempting to
commit an armed robbery (felony murder) (720 ILCS 5/9--1(a)(3) (West 1992)), attempted armed
robbery (720 ILCS 5/8--4, 18--2(a) (West 1992)), and armed violence (720 ILCS 5/33A--2 (West
1992)). On direct appeal, we vacated the convictions of attempted armed robbery and armed
violence, but we affirmed the conviction of felony murder and the 45-year prison term imposed for
it. People v. Davis, 304 Ill. App. 3d 427, 443 (1999).
Defendant petitioned for relief under the Post-Conviction Hearing Act (Act) (725 ILCS
5/122--1 et seq. (West 2006)), alleging that his trial counsel, Lebert Bastianoni, was ineffective for
committing several alleged errors. Following an evidentiary hearing, the postconviction court granted
the petition and awarded defendant a new trial. The State appeals, arguing that (1) defendant's claim
of ineffective assistance was or could have been addressed on direct appeal and, therefore, defendant's