People v. Dickerson

913 N.E.2d 610, 393 Ill. App. 3d 531, 332 Ill. Dec. 678, 2009 Ill. App. LEXIS 693
CourtAppellate Court of Illinois
DecidedJuly 22, 2009
Docket3-08-0061
StatusPublished

This text of 913 N.E.2d 610 (People v. Dickerson) 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. Dickerson, 913 N.E.2d 610, 393 Ill. App. 3d 531, 332 Ill. Dec. 678, 2009 Ill. App. LEXIS 693 (Ill. Ct. App. 2009).

Opinion

JUSTICE SCHMIDT

delivered the opinion of the court:

Defendant, Bobby Dickerson, was convicted of delivery of a controlled substance and sentenced to six years’ imprisonment. Defendant appeals his conviction and sentence, arguing that the trial judge utilized the wrong legal standard when he conducted an inquiry into his claim of ineffective assistance of counsel. We affirm.

BACKGROUND

Defendant was charged by information with delivery of a controlled substance. The information alleged that defendant delivered between 1 and 15 grams of cocaine to Robert Drummond.

During the bench trial, Drummond testified that he was an Illinois State Police agent assigned to the Peoria Metropolitan Enforcement Group (MEG). His duties included conducting undercover narcotic transactions. On September 30, 2004, Drummond went to a residence in Toulon, Illinois, and spoke with a confidential informant who lived there. Several other MEG officers conducted surveillance of the house.

The informant made a phone call and then he and Drummond went out to the backyard to wait for someone to arrive. Approximately 25 minutes later, defendant arrived, along with his son. The defendant stated he was not comfortable outside, so everyone went inside the house. At the defendant’s request, the defendant, Drummond, and the informant all went into the bathroom. Defendant’s son stayed in the living room area.

While inside the bathroom, defendant asked Drummond if he was with the police, and Drummond replied that he was not. Defendant gave Drummond three bags of suspected crack cocaine, and Drummond gave defendant $150. At the conclusion of the transaction, everyone left the house.

Peoria County Deputy Charlie Rodgers testified that he was a MEG officer and that he conducted a surveillance of the first floor of the house at the residence in question on the date of the incident. He identified People’s exhibit No. 2 as an approximately two-minute-long video of the defendant’s encounter with Drummond and the informant in the living room of the house. Rodgers admitted that the video did not depict the transaction in the bathroom because he had not set up any surveillance of that room. No audio surveillance was conducted that day.

Following Rodgers’ testimony, the case was continued for the completion of the bench trial. The continuation of the bench trial did not occur until November 21, 2007. On this date, Aaron Roemer testified that he analyzed the items that defendant had given Drummond and found they contained 1.06 grams of cocaine.

Following arguments, the trial judge found defendant guilty of delivery of a controlled substance. Defendant’s attorney filed a motion for new trial, which was denied. The judge then stated that he understood that defendant had complaints about his attorney and allowed him to express his complaints. Defendant said that he was innocent and that his attorney was not sufficiently diligent. Specifically, defendant felt that his attorney allowed the prosecutor to misstate the evidence during closing arguments and failed to point out contradictions in the testimony of the State’s witnesses. Counsel responded to defendant’s allegations, indicating that he felt he had done nothing wrong.

The judge stated that he had to evaluate whether counsel’s performance fell below a reasonable standard of competence and, if so, whether his performance affected the outcome of the case. The judge found that counsel was zealous in his representation of defendant stating, “I thought he did a good job. He was vigorous. He cross-examined the forensic scientist, Aaron Roemer, probably more vigorously than 95 percent of the cases I see, regarding his analysis and conclusions ***.” Referencing the United States Supreme Court’s holding in Strickland v. Washington, 466 U.S. 688, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984), the judge ruled that “none of the [defendant’s] statements met the Strickland test,” and that counsel’s performance “exceeded the level required by Illinois law.”

The cause proceeded to a sentencing hearing. The State requested an extended-term sentence of 12 years’ imprisonment. Defendant requested a sentence of probation or near the minimum of four years’ imprisonment. The judge sentenced the defendant to six years’ imprisonment. Defendant filed a motion to reconsider sentence, which was denied. Defendant appeals.

ANALYSIS

Defendant argues that the trial court erroneously evaluated defendant’s claim under Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984), rather than first determining whether new counsel should be appointed to argue defendant’s assertions regarding the ineffectiveness of trial counsel. Defendant requests that this cause be remanded to allow the judge to conduct the appropriate inquiry. We reject defendant’s argument.

The right to effective assistance of counsel, as guaranteed by both the United States and Illinois Constitutions, includes the right to have the undivided loyalty of counsel, free from any conflict of interest. U.S. Const., amends. VI, XIV; Ill. Const. 1970, art. I, §8; Glasser v. United States, 315 U.S. 60, 75-76, 86 L. Ed. 680, 702, 62 S. Ct. 457, 467 (1942). The two-prong test for evaluating posttrial claims of ineffective assistance of trial is set out in Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984). Ineffective assistance requires a showing that: (1) counsel’s performance was deficient or fell below an objective standard of reasonableness; and (2) defendant suffered prejudice as a result of counsel’s deficient performance. Strickland, 466 U.S. at 687, 80 L. Ed. 2d at 693, 104 S. Ct. at 2064.

There is no per se rule that new counsel must be appointed every time a defendant alleges ineffective assistance of trial counsel in a posttrial motion. People v. Nitz, 143 Ill. 2d 82, 134, 572 N.E.2d 895, 919 (1991). If the trial court determines that the claim lacks merit or pertains only to matters of trial strategy, then the court need not appoint new counsel and may deny the pro se motion. However, if the allegations show possible neglect of the case, new counsel should be appointed. People v. Moore, 207 Ill. 2d 68, 77-78, 797 N.E.2d 631, 637 (2003); People v. Chapman, 194 Ill. 2d 186, 230, 743 N.E.2d 48, 74 (2000).

When addressing a similar situation, the Illinois Supreme Court in Moore stated:

“The operative concern for the reviewing court is whether the trial court conducted an adequate inquiry into the defendant’s pro se allegations of ineffective assistance of counsel.

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Related

Glasser v. United States
315 U.S. 60 (Supreme Court, 1942)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
People v. Chapman
743 N.E.2d 48 (Illinois Supreme Court, 2000)
People v. Nitz
572 N.E.2d 895 (Illinois Supreme Court, 1991)
People v. Moore
797 N.E.2d 631 (Illinois Supreme Court, 2003)

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Bluebook (online)
913 N.E.2d 610, 393 Ill. App. 3d 531, 332 Ill. Dec. 678, 2009 Ill. App. LEXIS 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dickerson-illappct-2009.