People v. Alexander

566 N.E.2d 293, 207 Ill. App. 3d 577, 152 Ill. Dec. 606, 1990 Ill. App. LEXIS 1702
Procedural entryThis page is a short order in People v. Alexander. Read the opinion of the Court — 212 Ill. App. 3d 1091
Appellate Court of Illinois·Decided November 7, 1990·No. No. 1-88-0648·Published

Opinion

PRESIDING JUSTICE CERDA

delivered the opinion of the court:

Defendant, Christopher Alexander, pled guilty to murder (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1(a)(2)) and attempted armed robbery (Ill. Rev. Stat. 1985, ch. 38, pars. 8 — 4(a), 18 — 2). He argues on appeal that the attorney who represented him on his motion to withdraw his guilty plea had a conflict of interest because he simultaneously represented codefendant Iyrania Hill. Defendant also argues that he should be allowed to withdraw his guilty plea because the trial court erroneously stated that he was eligible for natural life imprisonment for murder, or alternatively, that he should be resentenced because the trial court erroneously believed that defendant was eligible for natural life imprisonment. Defendant also argues that he should be able to withdraw his guilty plea because the trial court did not admonish him as to the possible sentence for attempted armed robbery.

Defendant was charged with murder (Ill. Rev. Stat. 1985, ch. 38, par. 9 — 1(a)(2)) and attempted armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 8 — 4(a)). Defendant was initially represented by private counsel. Codefendant was represented by assistant public defender James E. Burke. Defendant withdrew his plea of not guilty. The trial court admonished defendant that because there was no plea agreement with the State it could sentence him to a minimum of 20 years’ imprisonment and a maximum sentence of 40 years’ imprisonment, that “under certain circumstances,”'the sentence could be enhanced to 80 years, and that “[i]n addition, there is a life sentence under certain circumstances, either of the case itself, or based upon your past record.”

The trial court asked whether there was the possibility of the death sentence, and Burke responded no. The trial court then stated that it understood that this was not a “death sentence case *** because the age of the defendant.” The assistant State’s Attorney stated that defendant was not 18 years old at the time of the commission of the offense, and the trial court stated that therefore the maximum sentence was a life sentence without parole. The trial court then asked defendant if he wished to enter a plea of guilty if he realized that his sentence could range anywhere between 20 years’ imprisonment and a life sentence. The trial court further questioned defendant to determine that he was voluntarily and knowingly giving up his right to a jury trial.

The assistant State’s Attorney then gave the following factual basis for the plea. A witness would testify that she saw defendant and codefendant standing in the lobby of 1344 W. 13th Street on January 13, 1987, at approximately 12:30 p.m. Larry Johnson walked into the lobby towards the elevator, and codefendant approached him and announced that she was going to rob him. Johnson continued to walk towards the elevator. Codefendant walked over to defendant a short distance away from the elevator and asked him for the “missile.” Defendant handed codefendant a gun, and codefendant walked up to Johnson and again stated she was going to rob him. Johnson stated that he did not believe her, and defendant took the gun from codefendant.

Defendant stated, “[Y]ou think I am kidding?” and shot Johnson, who fell into the elevator. The doors started to shut but hit Johnson’s feet, which were hanging out of the elevator. Defendant and codefendant kicked Johnson’s feet into the elevator and told the witness who was standing in the elevator with another person to “take him up.” Johnson died of the gunshot wound to his chest. Defendant gave a statement to an assistant State’s Attorney that he cocked the gun and it fired accidentally.

The trial court accepted the plea of guilty and entered a judgment of guilty on both charges. The trial court again stated to defendant that there had been no agreement as to what his sentence would be, that the sentence could be 20 to 40 years’ imprisonment, and that it could also impose a life sentence without parole.

A bench trial then proceeded against codefendant. Burke argued in his opening statement that the evidence would show that Johnson had been shot by a weapon which was in the hands of defendant Alexander, that there was no issue as to who was holding the weapon when it was fired, and that codefendant was being tried on the theory of accountability for Johnson’s murder. Burke argued in his closing argument that codefendant’s defense was that there was no attempted armed robbery or armed robbery but only “playing.” Burke also argued that after an unsuccessful attempted armed robbery, defendant killed Johnson. Codefendant was found guilty of armed violence, attempted armed robbery, and murder based on felony murder.

At a joint sentencing hearing, the trial court again asked defendant if he persisted in his plea of guilty when there was a potential sentence of 20 to 80 years’ imprisonment and, “under certain conditional circumstances,” to a life sentence without parole. Defendant was still represented by private counsel. Two witnesses were called on defendant’s behalf. The State requested that defendant be sentenced to natural life imprisonment. Burke requested that the trial court sentence codefendant to the minimum of 20 years’ imprisonment and emphasized her young age. Defendant’s counsel also asked for the minimum sentence.

For the murder convictions, defendant was sentenced to 36 years’ imprisonment and codefendant was sentenced to 20 years’ imprisonment. The trial court stated that the reason for the difference was that defendant brought the gun to the scene, and that although a life sentence without parole was possible, it was not imposed because of defendant’s “opportunity to be responsible to *** [himself] and to others.” In addition, defendant and codefendant were each sentenced to 15 years’ imprisonment on the attempted armed robbery convictions to run concurrently with the murder sentences. The public defender was appointed to represent codefendant in her appeal and to represent defendant in a motion to vacate the guilty plea. Burke stated that he would prepare the motion.

Burke filed an amended motion to withdraw defendant’s plea of guilty and to vacate the judgment in which it was argued that defendant was not guilty, that his counsel promised that he would be sentenced to no more than 15 years’ imprisonment, and that the nature of the charges was never fully explained to him. At the hearing on the motion, defendant testified that his attorney told him that he would be sentenced to 15 years’ imprisonment and that he was never told by his previous private attorneys that he could be sentenced to life imprisonment. He was told that the “maximum would probably be forty, twenty to forty.” He also recalled that the trial judge said the minimum sentence was 20 years’ imprisonment. The motion was denied, and the appellate defender was appointed to represent defendant on appeal.

Defendant first argues that the attorney who represented him in connection with his amended motion to withdraw his guilty plea had a conflict of interest because the attorney previously argued that codefendant should have received a minimum sentence since she did not shoot Johnson and because the attorney therefore could not have effectively argued that defendant’s sentence should have been reduced.

The sixth amendment right to effective assistance of counsel prohibits an attorney from representing conflicting interests. (People v.

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People v. Alexander, 566 N.E.2d 293, 207 Ill. App. 3d 577, 152 Ill. Dec. 606, 1990 Ill. App. LEXIS 1702 (Ill. Ct. App. 1990).

566 N.E.2d 293 (People v. Alexander) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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