People v. Alfaro

              No. 2--06--1146
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kendall County.
)
Plaintiff-Appellee, ))
No. 04--CF--489
v. ))
Honorable
MARCELINO ALFARO, JR., ) James M. Wilson and
) William H. Weir,
Defendant-Appellant. ) Judges, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
Following a jury trial before the circuit court of Kendall County, defendant, Marcelino
Alfaro, Jr., was convicted of first degree murder (720 ILCS 5/9--1(a) (West 2004)) and obstructing
justice (720 ILCS 5/31--4(a) (West 2004)) in the shooting death of Jorge Badillo. Defendant
received concurrent prison sentences of 25 years for the murder conviction and 2 years for the
obstructing-justice conviction. Defendant appeals, contending that the December 15, 2004,
statements he made should be suppressed because they were elicited in violation of Miranda v.
Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966); that his plea agreement should be
reinstated because the State improperly repudiated the agreement; and that he received ineffective
assistance of counsel because his trial attorneys, Brian Hiatt and Francis Weinert, failed to facilitate
the plea agreement and failed to advise defendant to withdraw his plea of guilty to the obstructing-