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People v. Hobson
Citations: 185 Ill. App. 3d 54; 133 Ill. Dec. 164; 540 N.E.2d 1030; 1989 Ill. App. LEXIS 926Docket: No. 3-88-0722
Court: Appellate Court of Illinois; June 21, 1989; Illinois; State Appellate Court
Roosevelt Hobson, Jr. was charged with unlawful use of a weapon, which was elevated to a Class 4 felony due to a prior conviction for the same offense. Following a bench trial, he was convicted and sentenced to 15 months of probation with 38 days in county jail. Hobson appealed, contesting the trial court's denial of his motion in limine to exclude evidence of his prior conviction. He argued that this conviction was invalid due to ineffective assistance of counsel, citing Baldasar v. Illinois, which prohibits the use of uncounseled convictions for enhancement. During the hearing, Hobson testified about the circumstances surrounding his prior conviction, asserting that his public defender had inadequate communication and failed to file a motion to suppress evidence. However, the trial court denied his motion, leading to the trial's continuation. The evidence presented included testimony from Officer Ron Shipp, who found a loaded firearm on Hobson after a bystander indicated he should be arrested. On appeal, Hobson maintained that his prior conviction's use as an enhancement violated his Sixth Amendment rights. The court determined that since Hobson had pled guilty to the prior charge, he was estopped from challenging its validity. It was established that a voluntary guilty plea waives the right to contest nonjurisdictional errors, including claims of ineffective assistance of counsel. Thus, the court affirmed the trial court's decision to use the prior conviction for enhancement, upholding the conviction and sentence. The appellate court's decision was affirmed with judges Wombacher and Scott concurring.