People v. Kitchell, 35 N.E.3d 232

Defendant Frederick G. Kitchell pleaded guilty to attempted home invasion as part of a negotiated plea, receiving 10 years' DOC imprisonment and 2 years' MSR.
During negotiations, counsel advised eligibility for good-conduct credit for participation in Department programs; credit was denied due to statutory and regulatory ineligibility.
Defendant participated in programs but did not receive good-time credit; he later learned he was not eligible for such credit.
On February 9, 2012, Kitchell filed a pro se petition for relief from judgment alleging ineffective assistance of plea counsel based on erroneous credit advice; counsel was appointed and filed a postconviction petition instead.
Circuit court dismissed the postconviction petition at the second stage; Kitchell appeals seeking reversal and remand for an evidentiary hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the postconviction court erred in dismissing	Kitchell argues plea counsel's erroneous credit advice rendered plea involuntary.	State contends no substantial showing of a constitutional violation and proper dismissal at second stage.	Reversed and remanded for an evidentiary hearing.

People v. Young, 355 Ill. App. 3d 317 (2005) (false misrepresentation can render counsel ineffective and require a hearing)
People v. Clark, 2011 IL App (2d) 100188 (2011) (ineffectiveness shown when counsel misinforms about defense witnesses)
People v. Stewart, 381 Ill. App. 3d 200 (2008) (equivocal language in holdings supports hearing for ineffective assistance)
People v. Maury, 287 Ill. App. 3d 77 (1997) (distinguishes passive failure to inform from unequivocal, erroneous representations)
People v. Correa, 108 Ill. 2d 541 (1985) (false representations about collateral consequences render plea involuntary)
Edwards, 197 Ill. 2d 239 (2001) (two-stage postconviction procedure governs viability of petitions)
Tate, 2012 IL 112214 (2012) (defines substantial showing required at second stage)