Mauter has not provided clear and convincing evidence to rebut the presumption of correctness here, so this factual background is taken from the state courts' findings. There are two relevant opinions on the merits here: (1) the appellate court decision last addressing Mauter's counsel's alleged failure to perfect an appeal of the denial of Mauter's motion to withdraw his guilty plea, People v. Mauter, 2013 WL 3227674, at *1 (Ill. App. Ct. June 20, 2013) ("Mauter I"), available at R. 9-1, Exh. B at 5; and (2) the appellate court decision last addressing Mauter's counsel's alleged failure to inform Mauter that a more favorable plea offer had an expiration date before it expired, People v. Mauter, 2016 WL 2610651, at *1 (Ill. App. Ct. May 5, 2016) ("Mauter II"), available at R. 9-1, Exh. C at 9. In March 2010, Mauter was indicted on six counts of predatory criminal sexual assault of a child and two counts of aggravated criminal sexual abuse. People v. Mauter, 2016 WL 2610651, at *1 (Ill. App. Ct. May 5, 2016) ("Mauter II"), available at R. 9-1, Exh. C at 9.
We affirmed the dismissal because (1) defendant provided no evidentiary support for his allegation that the State made an offer of 30 years and, (2) in any event, defendant's allegation that he "probably" would have accepted the offer had Jacobs told him of the time limit was not only conclusory but "hardly in accordance with the context or common sense." People v. Mauter, 2016 IL App (2d) 140522-U, ΒΆΒΆ 22, 26-27.