People v. Chapple

683 N.E.2d 1001, 291 Ill. App. 3d 574, 225 Ill. Dec. 498, 1997 Ill. App. LEXIS 562
CourtAppellate Court of Illinois
DecidedAugust 14, 1997
Docket4-95-0816
StatusPublished
Cited by17 cases

This text of 683 N.E.2d 1001 (People v. Chapple) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Chapple, 683 N.E.2d 1001, 291 Ill. App. 3d 574, 225 Ill. Dec. 498, 1997 Ill. App. LEXIS 562 (Ill. Ct. App. 1997).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

In January 1995, defendant Trent Chappie was charged with unlawful possession of more than 15 but less than 100 grams of a substance containing cocaine with the intent to deliver, a Class X felony (720 ILCS 5707401(a)(2)(A) (West 1994)), and the included offense of unlawful possession of a controlled substance, a Class 1 felony (720 ILCS 5707402(a) (West 1994)). Defendant was represented by private counsel and pleaded not guilty. At a pretrial hearing in May 1995, after being fully admonished by the court, defendant waived his right to a jury trial. 725 ILCS 5/103—6 (West 1994). In July 1995, however, defendant filed a motion to withdraw his jury waiver. Following argument by counsel, the trial court denied defendant’s motion. The court conducted a bench trial in August 1995 and found defendant guilty of both offenses. In September 1995, the trial court vacated the judgment on possession and sentenced defendant to 15 years in prison on the conviction of possession with the intent to deliver. Defendant appeals, asserting (1) the trial court abused its discretion in denying his motion to withdraw jury waiver; (2) he was not proved guilty beyond a reasonable doubt of possession of cocaine with intent to deliver; (3) he was denied effective assistance of counsel; and (4) the trial court abused its discretion in sentencing by failing to consider the relative seriousness of the offense. We affirm.

I. WITHDRAWAL OF JURY WAIVER

Defendant contends the trial court abused its discretion in denying his motion to withdraw the jury waiver. Withdrawal of a jury waiver is not a matter of right. People v. Closson, 13 Ill. App. 3d 878, 880, 301 N.E.2d 347, 348 (1973). Rather, whether a jury waiver, once knowingly and intelligently made, may be withdrawn is a matter within the discretion of the trial court, unless the circumstances indicate the defendant was unaware of the consequences of the waiver. People v. Hall, 114 Ill. 2d 376, 414, 499 N.E.2d 1335, 1351 (1986).

Defendant’s motion stated "the reason for the waiver of jury trial was to avoid undue prosecution of [defendant’s] wife and that is no longer possible.” In his brief, defendant represents he negotiated a plea agreement through his attorney whereby, in return for defendant’s jury waiver and a plea of guilty, the State would not prosecute his wife in an unrelated matter. At the motion hearing, defense counsel indicated prosecution of defendant’s wife was no longer feasible and, due to this changed circumstance, defendant wished to reinstate his right to a jury trial.

In denying defendant’s motion, the court noted when defendant waived his right to a jury trial it was knowing and voluntary, the alleged plea agreement was not mentioned and defendant gave no indication the waiver was conditional. Nothing in the record suggests defendant was unaware of the consequences of his jury waiver and he does not argue as much.

A change in circumstances can sometimes entitle a defendant to withdraw a jury waiver. The circumstances here did not require such a result. In People v. Smith, 11 Ill. App. 3d 423, 296 N.E.2d 628 (1973), the third district held the trial court committed reversible error in denying the defendant’s motion to withdraw his jury waiver where the State was permitted to amend the charging instrument after the waiver. There, defense counsel apparently believed the original charge was technically deficient and the case would involve a purely legal question. The appellate court found the situation should have caused the trial court to question whether, in view of the amendment, the defendant’s jury waiver was understandingly made. The appellate court concluded the waiver may not have been intended to be made with respect to the charge as amended, but solely to the charge as originally filed. Smith, 11 Ill. App. 3d at 425, 296 N.E.2d at 630.

In People v. Holmes, 88 Ill. App. 3d 140, 410 N.E.2d 381 (1980), the defendant sought to withdraw his jury waiver when the State was allowed to amend its answer to his discovery motion to include newly discovered evidence, damaging to the defendant’s case, after the bench trial had already begun. The defendant argued he would not have waived a jury trial had he known the evidence would be admitted at trial. Finding the new evidence was not "substantively 'damaging’ ” but only impeaching, however, the first district concluded the defendant failed to demonstrate the prejudice necessary to invalidate his knowing and intelligent jury waiver. Holmes, 88 Ill. App. 3d at 143, 410 N.E.2d at 384; but see People v. Norris, 62 Ill. App. 3d 228, 379 N.E.2d 80 (1978) (admission of damaging, newly discovered substantive evidence resulted in mistrial). Unlike these cases, defendant’s ability to defend himself against the charges here was not impaired by the changed circumstance, i.e., the State’s inability to prosecute his wife in a separate matter.

The present situation is analogous to a case where a defendant wishes to withdraw a guilty plea. A defendant has no absolute right to withdraw a plea of guilty and bears the burden of demonstrating to the trial court the necessity of withdrawing the plea. People v. Artale, 244 Ill. App. 3d 469, 475, 612 N.E.2d 910, 915 (1993); see People v. Davis, 145 Ill. 2d 240, 244, 582 N.E.2d 714, 716 (1991). When it appears a plea of guilty was entered on the misapprehension of fact or law, or as a consequence of misrepresentations by counsel, the State’s Attorney, or someone else in authority, the court should permit the withdrawal of a guilty plea. Artale, 244 Ill. App. 3d at 475, 612 N.E.2d at 915; see also People v. Staple, 233 Ill. App. 3d 8, 10, 598 N.E.2d 384, 386 (1992).

Here, defendant does not allege he was under a misapprehension of fact or law when he made his jury waiver. He does not allege the State’s Attorney made any misrepresentations to him or breached the proposed plea agreement. Nor does he allege his jury waiver was involuntarily made. Defendant’s only contention at the motion hearing was his incentive for waiving a jury trial no longer existed and, therefore, he wished to withdraw the waiver. Under these circumstances, we conclude the trial court did not abuse its discretion in denying defendant’s motion to withdraw his jury waiver.

II. SUFFICIENCY OF THE EVIDENCE

Next, defendant argues his conviction was erroneous because, even viewing the evidence in the light most favorable to the prosecution, no rational trier of fact could have found him guilty beyond a reasonable doubt of possession of cocaine with the intent to deliver. See People v. Lewis, 165 Ill. 2d 305, 336, 651 N.E.2d 72, 87 (1995).

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Bluebook (online)
683 N.E.2d 1001, 291 Ill. App. 3d 574, 225 Ill. Dec. 498, 1997 Ill. App. LEXIS 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chapple-illappct-1997.