People v. Davison

686 N.E.2d 1231, 292 Ill. App. 3d 981, 227 Ill. Dec. 75, 1997 Ill. App. LEXIS 770
CourtAppellate Court of Illinois
DecidedNovember 6, 1997
Docket4-96-0777
StatusPublished
Cited by37 cases

This text of 686 N.E.2d 1231 (People v. Davison) 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. Davison, 686 N.E.2d 1231, 292 Ill. App. 3d 981, 227 Ill. Dec. 75, 1997 Ill. App. LEXIS 770 (Ill. Ct. App. 1997).

Opinions

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In August 1996, defendant, Daniel W. Davison, filed pro se a petition for postconviction relief, alleging various violations of his constitutional rights. In September 1996, the trial court dismissed his petition as patently without merit, pursuant to section 122 — 2.1(a)(2) of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 2.1(a)(2) (West 1994)). Defendant appeals, arguing that the court erred by summarily dismissing his petition. We affirm.

I. BACKGROUND

In July 1991, the State charged defendant by information with three counts of home invasion (Ill. Rev. Stat. 1991, ch. 38, par. 12— 11); two counts of attempt (aggravated criminal sexual assault) (Ill. Rev. Stat. 1991, ch. 38, pars. 8 — 4, 12 — 14); one count of criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 13(a)(1)); one count of aggravated criminal sexual assault (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 14(a)(1)); and one count of criminal trespass to a residence (Ill. Rev. Stat. 1991, ch. 38, par. 19 — 4). Pursuant to a plea agreement, defendant pleaded guilty to all of these charges except criminal trespass to a residence. In exchange for defendant’s pleading guilty, the State dismissed the charge of criminal trespass to a residence and charges in a pending misdemeanor case (No. 91 — CM— 616). The State also agreed to offer a 90-year cap on imprisonment.

In July 1992, the trial court accepted defendant’s guilty plea and sentenced him to 15 years on three separate counts of home invasion and 20 years for aggravated criminal sexual assault, with all sentences to be served consecutively, totaling 65 years in prison. (We note that the home invasion counts involved the homes of three different women.) The court did not enter judgment as to the remaining counts.

Defendant did not appeal his guilty plea or sentences, but in August 1996, after several time extensions, he filed pro se a petition for postconviction relief, alleging his constitutional rights were violated because he received ineffective assistance of counsel. In September 1996, the trial court dismissed his petition as patently without merit, pursuant to section 122 — 2.1(a)(2) of the Act (725 ILCS 5/122 — 2.1(a)(2) (West 1994)), and this appeal followed.

II. ANALYSIS

On appeal, defendant argues that the trial court erred by dismissing his pro se petition because it presented the gist of a meritorious claim that he was denied his constitutional right to effective assistance of trial counsel (U.S. Const., amends. VI, XIV). Specifically, defendant contends that his petition showed he received ineffective assistance of counsel for the following reasons: his trial counsel (1) failed to challenge the factual basis and sufficiency of the charges in counts VI and VIII, charging home invasion and aggravated criminal sexual assault, respectively; (2) refused to allow defendant to read the discovery materials the State provided to defense counsel; (3) failed to object to or file a motion in limine barring the use of defendant’s Veteran’s Administration Medical Center (VAMC) records, which contained information about crimes with which defendant had never been charged; and (4) failed to advise defendant that he could have pleaded guilty but mentally ill.

A postconviction proceeding brought under the Act (725 ILCS 5/122 — 1 et seq. (West 1994)) constitutes a collateral attack on a judgment of conviction. The Act permits the trial court to summarily dismiss a nonmeritorious petition. 725 ILCS 5/122 — 2.1(a)(2) (West 1994)). People v. Gaultney, 174 Ill. 2d 410, 418, 675 N.E.2d 102, 106 (1996); People v. Lemons, 242 Ill. App. 3d 941, 944, 613 N.E.2d 1234, 1238 (1993); People v. Dredge, 148 Ill. App. 3d 911, 913, 500 N.E.2d 445, 446-47 (1986).

To establish a claim of ineffective assistance of trial counsel, a defendant must satisfy the standards set forth in Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984). First, the defendant must prove that counsel made errors so serious, and counsel’s performance was so deficient, that counsel was not functioning as the "counsel” guaranteed by the sixth amendment. To show that counsel’s conduct was deficient, the defendant must overcome the strong presumption that the challenged action or lack of action might have been the product of sound trial strategy. People v. Griffin, 178 Ill. 2d 65, 73-74 (1997).

Second, the defendant must establish prejudice — that is, he must prove that a reasonable probability exists that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. The prejudice prong of Strickland entails more than an "outcome-determinative” test. Griffin, 178 Ill. 2d at 74. The defendant must also show that counsel’s deficient performance rendered the result of the trial unreliable or the proceeding fundamentally unfair. Griffin, 178 Ill. 2d at 74.

When a guilty plea is challenged on ineffective assistance grounds, the prejudice prong of Strickland is satisfied if a reasonable probability exists that, but for counsel’s errors, the defendant would not have pleaded guilty and would have insisted on going to trial. Hill v. Lockhart, 474 U.S. 52, 59, 88 L. Ed. 2d 203, 210, 106 S. Ct. 366, 370 (1985); People v. Bien, 277 Ill. App. 3d 744, 751, 661 N.E.2d 511, 516 (1996). The record should also demonstrate a reasonable probability that, but for counsel’s errors, the defendant would have rejected the plea arrangement. People v. Pugh, 157 Ill. 2d 1, 15, 623 N.E.2d 255, 262 (1993).

If the ineffective assistance claim can be disposed of on the ground that the defendant did not suffer prejudice, a court need not decide whether counsel’s performance was constitutionally deficient. Griffin, 178 Ill. 2d at 74.

A. Counsel’s Failure To Challenge Counts VI and VIII

Defendant first argues that his trial counsel erred by failing to challenge the factual basis and the sufficiency of the charges in counts VI and VIII. We disagree.

1. Count VI (.Home Invasion)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Jones
2025 IL App (4th) 241581-U (Appellate Court of Illinois, 2025)
State v. Marks
490 P.3d 1160 (Supreme Court of Kansas, 2021)
People v. Riley
2020 IL App (5th) 170419-U (Appellate Court of Illinois, 2020)
People v. Walker
2019 IL App (3d) 170374 (Appellate Court of Illinois, 2019)
People v. Frazier
2017 IL App (5th) 140493 (Appellate Court of Illinois, 2017)
In re Commitment of Walker
2014 IL App (2d) 130372 (Appellate Court of Illinois, 2014)
State v. Thompson (Slip Opinion)
2014 Ohio 4751 (Ohio Supreme Court, 2014)
People v. Krueger
2012 COA 80 (Colorado Court of Appeals, 2012)
People v. Hobson
Appellate Court of Illinois, 2008
People v. Manning
863 N.E.2d 289 (Appellate Court of Illinois, 2007)
People v. James
839 N.E.2d 1135 (Appellate Court of Illinois, 2005)
People v. Savage
838 N.E.2d 247 (Appellate Court of Illinois, 2005)
People v. Miller
Appellate Court of Illinois, 2004
People v. Edwards
757 N.E.2d 442 (Illinois Supreme Court, 2001)
People v. Segoviano
725 N.E.2d 1275 (Illinois Supreme Court, 2000)
People v. Huff
Appellate Court of Illinois, 1999
Smith v. State
729 So. 2d 1191 (Mississippi Supreme Court, 1998)
People v. Beard
Appellate Court of Illinois, 1998
People v. Davison
686 N.E.2d 1231 (Appellate Court of Illinois, 1997)
Clyde Wendell Smith v. State of Mississippi
Mississippi Supreme Court, 1993

Cite This Page — Counsel Stack

Bluebook (online)
686 N.E.2d 1231, 292 Ill. App. 3d 981, 227 Ill. Dec. 75, 1997 Ill. App. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-davison-illappct-1997.