People v. Easton

2025 IL App (4th) 241522-U
Appellate Court of Illinois·Decided August 12, 2025·No. 4-24-1522·Unpublished

Opinion

NOTICE 2025 IL App (4th) 241522-U This Order was filed under FILED

Supreme Court Rule 23 and is August 12, 2025 NO. 4-24-1522 Carla Bender not precedent except in the limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. ) Peoria County SHAUNTA D. EASTON, ) No. 19CF391 Defendant-Appellant. )

) Honorable

) Paul P. Gilfillan, ) Judge Presiding.

JUSTICE ZENOFF delivered the judgment of the court.

Presiding Justice Harris and Justice Grischow concurred in the judgment.

ORDER

¶1 Held: The appellate court granted appellate counsel’s motion to withdraw and affirmed the trial court’s judgment, concluding no meritorious issue could be raised on appeal.

¶2 In 2020, a jury found defendant, Shaunta D. Easton, guilty of unlawful possession with intent to deliver more than 900 grams of cocaine (720 ILCS 570/401(a)(2)(D) (West 2018)). Defendant’s conviction and sentence were affirmed on direct appeal. People v. Easton, 2022 IL App (3d) 210093-U, ¶ 2. Defendant filed a postconviction petition, alleging that she was denied effective assistance of counsel. Following a third-stage evidentiary hearing, the trial court denied defendant’s postconviction petition. Defendant appealed, and counsel was appointed to represent her. Counsel now seeks to withdraw, contending any argument would be meritless. For the reasons that follow, we grant counsel’s motion and affirm the trial court’s judgment.

¶3 I. BACKGROUND

¶4 A. Charges and Pretrial Proceedings

¶5 On June 26, 2019, defendant was arrested and charged by information with one count of unlawful possession with intent to deliver more than 100 grams of cocaine (720 ILCS 570/401(a)(2)(B) (West 2018)). The following day, defendant appeared in court and indicated that she was represented by Kevin Sullivan.

¶6 On July 2, 2019, defendant was charged by superseding indictment with two counts. Count I alleged unlawful possession with intent to deliver more than 900 grams of cocaine (720 ILCS 570/401(a)(2)(D) (West 2018)), a Class X felony. Count II alleged unlawful possession of more than 900 grams of cocaine (720 ILCS 570/402(a)(2)(D) (West 2018)), a Class 1 felony.

¶7 On July 25, 2019, defendant appeared at her arraignment with Bruce Cowan, who filed an appearance as her counsel. At that time, the trial court informed defendant as follows:

“The Grand Jury of Peoria County *** has returned a two-count bill of indictment against you. One is for the Class X felony [of] unlawful possession with intent [to] deliver a controlled substance[,] cocaine. The second is for the Class 1 felony of unlawful possession of a controlled substance.”

The court indicated that it handed a copy of the bill of indictment to Cowan, who “[w]aive[d] formal reading and enter[ed] a plea of not guilty.” Cowan represented defendant until February 10, 2020.

¶8 On February 10, 2020, Sullivan filed an appearance as defendant’s counsel. On June 18, 2020, defendant appeared in court with Sullivan. At that time, Sullivan indicated that he believed defendant and the State had reached a “partially negotiated plea” but wanted defendant to have more time to consider the State’s offer. When the parties appeared in court a week later, on June 25, 2020, Sullivan informed the trial court that the State and defendant had not yet reached

a plea agreement. When the court suggested that defendant didn’t “like” the State’s offer, defendant responded: “I just don’t like the fact that—I’m just not willing to give up my life just because I love somebody.” Sullivan noted that defendant’s boyfriend and codefendant, Jason Malone, had recently pleaded guilty and was sentenced to 23 years in prison. On that same day, Sullivan filed a motion to withdraw as defendant’s counsel.

¶9 Defendant appeared in court again on July 6, 2020. On that date, Sullivan explained to the trial court that he was moving to withdraw because defendant was “not happy with the advice” he had given her and had already hired a new attorney, John Lonergan. When the court questioned defendant about why she wanted a new attorney, defendant said, in part, that Sullivan told her that “the best thing for [her] to do is take the plea.” Defendant explained: “I don’t want to take a plea because I’m not guilty. So I don’t want a plea. I’m going to fight and see however it’s going to come out.” Thereafter, Sullivan explained the following to the court:

“When I took this case on, [defendant] was facing a Super Class X felony, sentencing range 15 years on the low end, 60 years on the high end, any sentence would have been served at 75 percent under the Truth-in-Sentencing Act. The State had an offer on the table similar to the co-defendant of a cap of 30 years. It then would have been 15 to 30 years at 75 percent.

Very shortly before the last scheduling conference, I received an offer from the State that was far better, and it would have been much better for her. It would have been a lesser class offense, it would have been day-for-day credit eligible ***[.]

***

It would have been an open plea for a regular Class X, six to 30 at 50

percent.”

Thereafter, the court, prosecutor, and Sullivan discussed the charges against defendant. Sullivan confirmed that defendant was charged with two counts, a “Super X” and “a possession.” The prosecutor clarified that “[c]ount 2” was “[a] Class 1 [felony] and the minimum sentence on the Class 1 because of quantity is 10, maximum 50.” The prosecutor then stated that the sentence on “[c]ount 1 is 15 to 60 at 75 percent” because it is a “Super X.” She stated that the sentence of “10 to 50” for “[c]ount 2” is “day-for-day.”

¶ 10 After more discussion, the trial court stated as follows:

“The Defendant in this case is charged with one Class X felony, however, we call it a Super X because based on the charge and the quantity, upon conviction, a defendant that would be convicted of that Class X felony would have a sentencing range available to them that would be non-probationable and the lowest sentence they could receive would be 15 years in the Department of Corrections or up to 60 years and served at the 75 percent range.

Count 2 *** is a Class 1 felony but is sentenced in some other peculiar fashion because of the quantity, whereby if convicted the Defendant would—a defendant would receive a prison sentence, non-probationable, of no less than 10 years, it could be up to 50 years, and that would be served at a day-for-day rate.

And those are the two counts.”

Defendant was present for the entirety of the hearing. The court granted Sullivan’s motion to withdraw. On the same day, Lonergan entered his appearance as defendant’s counsel.

¶ 11 B. Trial and Conviction

¶ 12 Before defendant’s trial began on October 19, 2020, the trial court stated that

defendant has “been charged with two counts by bill of indictment on a Class X felony.” The court then read the charges for both counts. Thereafter, the court asked if there had been any offers by the State. Lonergan indicated: “We received a new offer this morning which I discussed with my client and she declined that as well.” After that, the court and the parties discussed the sentencing range for each of defendant’s charges. The prosecutor stated: “The sentencing range for [c]ount 1 is 15 years minimum up to 60 years in the Department of Corrections. It is not probationable. It must be served at 75 percent per Truth in Sentencing.” The prosecutor stated that the sentence for count II was 10 to 50 years and was “eligible for day-for-day credit” and “probationable.” The following exchange then took place between the court and defendant:

“THE COURT: *** You understand that is the potential sentence in each of those counts, [defendant], correct?

THE DEFENDANT: Yeah. I didn’t know there was two different charges.

I didn’t know that.

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People v. Easton, 2025 IL App (4th) 241522-U (Ill. Ct. App. 2025).

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