People v. Baker

445 N.E.2d 769, 94 Ill. 2d 129, 68 Ill. Dec. 125, 1983 Ill. LEXIS 287
CourtIllinois Supreme Court
DecidedFebruary 4, 1983
Docket56047
StatusPublished
Cited by39 cases

This text of 445 N.E.2d 769 (People v. Baker) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Baker, 445 N.E.2d 769, 94 Ill. 2d 129, 68 Ill. Dec. 125, 1983 Ill. LEXIS 287 (Ill. 1983).

Opinion

JUSTICE CLARK

delivered the opinion of the court:

This is an appeal from a judgment of the appellate court reversing an order of the circuit court of Tazewell County that revoked the defendant’s probation. (101 Ill. App. 3d 1114.) A divided appellate court held that the defendant did not knowingly, understanding^ and effectively waive his right to counsel where the circuit court failed to give proper admonishments. We granted the People’s petition for leave to appeal on March 30, 1982. 73 Ill. 2d R. 315.

On October 12, 1978, the defendant was charged in a two-count information with the offenses of aggravated assault and unlawful use of a weapon. Pursuant to negotiations between the public defender of Tazewell County and the Tazewell County State’s Attorney, the circuit court sentenced the defendant to a one-year term of probation. The probation was conditioned upon the voluntary commitment of the defendant to the Danville Veterans’ Administration Hospital for psychiatric treatment and upon his serving 90 days’ imprisonment in the Tazewell County jail.

On March 20, 1979, the defendant left the Veterans’ hospital without first receiving the consent of the adult probation officer of Tazewell County. That same day a petition was filed in the circuit court of Tazewell County charging the defendant with violating the conditions of his probation and seeking a revocation.

On March 22, the public defender was again appointed to represent the defendant and on April 6, 1979, did appear with the defendant at a hearing to determine the defendant’s fitness.

The hearing on the petition to revoke the defendant’s probation was set for May 14, 1979. On the 14th, just prior to the hearing, the defendant requested that the court discharge the public defender and continue the case to permit the defendant to be represented by another attorney who had agreed to take the case. The State objected to a continuance, pointing out that two doctors from the Danville Veterans’ Administration Hospital, who the defendant requested be in attendance, were present and ready to testify.

The circuit court denied the defendant’s request to discharge his attorney and indicated that the court “would like Mr. Bernardi [the public defender] to cross-examine witnesses for the State.” The defendant objected to the public defender’s continued representation and told the court that Mr. Bernardi “could possibly do more damage than good.”

The court then cautioned the defendant that, if it discharged the defendant’s counsel and denied the defendant’s request for a continuance, the defendant would, in effect, be representing himself. After the defendant stated that he understood this, the circuit court discharged counsel and denied the defendant’s request for a continuance. The court then directed the State to proceed with its case. The State presented three witnesses. The defendant did not cross-examine any of them, nor did he offer any evidence on his own behalf. The court denied several additional motions by the defendant for a continuance, and the defendant was found guilty of violating his probation.

The issue presented for our review is whether the defendant knowingly, understanding^ and effectively waived his right to counsel at the probation-revocation proceedings.

The guidelines in Supreme Court Rule 401 set forth what is required when a defendant elects to waive counsel in a criminal proceeding at the trial level in this State.

“Rule 401. Waiver of Counsel
(a) Waiver of Counsel. Any waiver of counsel shall be in open court. The court shall not permit a waiver of counsel by a person accused of an offense punishable by imprisonment without first, by addressing the defendant personally in open court, informing him of and determining that he understands the following:
(1) the nature of the charge;
(2) the minimum and maximum sentence prescribed by law, including, when applicable, the penalty to which the defendant may be subjected because of prior convictions or consecutive sentences; and
(3) that he has a right to counsel and, if he is indigent, to have counsel appointed for him by the court.” (73 Ill. 2d R. 401(a).)

The trial judge must, in open court, inform the defendant and determine that he understands the nature of the charge, the minimum and maximum possible sentences, and his right to counsel.

In People v. Barker (1975), 62 Ill. 2d 57, this court indicated that at a probation-revocation proceeding the important question was not “whether the failure to comply with Rule 401(a) of itself renders the waiver ineffective, but whether, considering the entire record, the defendant was shown to have knowingly and understanding^ waived his right to counsel.” (62 Ill. 2d 57, 59.) After examining the record the court concluded that there had been no showing of a knowing and understanding waiver of counsel.

In reaching that decision the court in Barker said that there must be a “definitive standard by which a knowing and understanding waiver of counsel in a probation revocation proceeding may be determined. The circuit court should not permit the offender to waive counsel unless it determines, by addressing him in open court, that the offender understands: (1) the purpose of the revocation proceedings and the nature of the violation of the condition of probation upon which it is based; (2) that he has the right of confrontation, cross-examination and representation by counsel and that if he is indigent he has the right to appointed counsel; (3) the minimum and maximum sentence which may be imposed if the probation is revoked.” (Emphasis added.) 62 Ill. 2d 57, 59.

Two appellate court decisions have been handed down following our opinion in Barker. In People v. Voight (1977), 52 Ill. App. 3d 832, the defendant was not advised of the nature of the charges or the potential penalty that could be imposed should he be found guilty of violating his probation. The appellate court said, “Even though the defendant was advised of his right to counsel either private or appointed, the admonitions do not in other respects conform to the standards described in People v. Barker 62 Ill. 2d 57, 338 N.E.2d 385, and consequently the procedure casts doubts on the effectiveness of any waiver of counsel.” (52 Ill. App. 3d 832, 837.) In People v. Roberts (1978), 56 Ill. App. 3d 126, the appellate court quoted Barker and stated that “the [circuit] court did not directly advise defendant as to the minimum and maximum sentence which could be imposed,” and concluded that, “[b]ecause the record does not show that defendant knew and understood the minimum and maximum sentence which could be imposed if probation were revoked, it fails to show a knowing and understanding waiver of counsel.” (56 Ill. App. 3d 126, 127-28.) The appellate court, therefore, reversed the sentence.

In the instant case, the following admonishments were given, after the defendant moved to discharge his counsel and moved for a continuance to obtain new counsel:

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Cite This Page — Counsel Stack

Bluebook (online)
445 N.E.2d 769, 94 Ill. 2d 129, 68 Ill. Dec. 125, 1983 Ill. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baker-ill-1983.