People v. Fritz

588 N.E.2d 307, 225 Ill. App. 3d 624, 167 Ill. Dec. 666, 1992 Ill. App. LEXIS 90
CourtAppellate Court of Illinois
DecidedJanuary 24, 1992
Docket3-90-0578
StatusPublished
Cited by29 cases

This text of 588 N.E.2d 307 (People v. Fritz) 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. Fritz, 588 N.E.2d 307, 225 Ill. App. 3d 624, 167 Ill. Dec. 666, 1992 Ill. App. LEXIS 90 (Ill. Ct. App. 1992).

Opinion

JUSTICE HAASE

delivered the opinion of the court:

The defendant, William T. Fritz, was convicted of seven counts of theft of over $300 (Ill. Rev. Stat. 1989, ch. 38, par. 16—1). He appeals. We affirm.

The record shows that on December 1, 1989, the defendant was charged with six counts of theft of over $300. Each count alleged that by the use of deception, the defendant had obtained control over the property of Carol Nisly. On December 12, 1989, the State filed a notice to the defendant to appear in court on December 18,1989.

On December 18, the defendant appeared and stated that he intended to hire his own attorney. The court continued the cause until December 27 for a status hearing on the defendant’s efforts to obtain counsel. The court also set the preliminary hearing for January 4, 1990.

On December 27, the defendant told the court that he had still not hired a lawyer. The court continued the cause until January 3, 1990, for another status hearing on the defendant’s legal representation.

On January 3, the defendant told the court that although he had funds to hire an attorney, he had not yet retained one. He stated that he was willing to proceed pro se at the preliminary hearing. Because of the seriousness of the charges and the court’s belief that the defendant needed an attorney, the court appointed the public defender to sit by the defendant at the preliminary hearing as standby counsel.

The defendant represented himself at the preliminary hearing while the public defender sat by his side. The court found that the charges were supported by probable cause. It also set the arraignment for January 10,1990.

On January 10, the defendant appeared without counsel. He stated that he still intended to hire counsel, and that he had an appointment with one on January 19. The defendant then testified to his attempts to obtain counsel. He admitted that he had not contacted any local attorneys. He said he had contacted four or five attorneys in other cities, but the only one he could name was Paul Gazino.

The defendant then asked the court if the State’s Attorney’s signature on the information meant that he would be a witness against . him. The prosecutor pointed out that the defendant needed counsel to answer such questions. The defendant also asked if the State’s Attorney was a witness against him at the preliminary hearing.

The judge continued the cause to January 22 for a status hearing. He also ordered the defendant to either appear with counsel or bring a list of the attorneys he had contacted.

On January 22, the defendant appeared without counsel and said he had an appointment with Paul Gazino on January 25. He was willing to represent himself at the hearing. He also stated that three insurance companies he worked for were interested in the results of the proceedings and were willing to provide counsel for him. The prosecutor stated, however, that no insurance companies were involved in any of the charges.

The judge stated that the cause had to proceed and the defendant needed counsel. He therefore appointed the public defender to represent the defendant at the hearing. He also stated that if the defendant later hired private counsel, the public defender would withdraw. The court then conducted the arraignment.

The defendant made no more requests to represent himself, and the public defender represented him through the rest of the proceedings. The State later amended the information to state a seventh count of theft from Carol Nisly.

At trial, Carol Nisly testified that the defendant committed theft against her on the following dates: March 12, 1986; April 16, 1986; October 8, 1986; June 8, 1987; November 9, 1987; December 28, 1987; and April 11, 1988. Following the presentation of further testimony, the jury found the defendant guilty on all counts.

At the sentencing hearing, the court found it was necessary to sentence the defendant to consecutive terms in order to protect the public from further criminal conduct (Ill. Rev. Stat. 1989, ch. 38, par. 1005—8—4(b)). The judge adopted the prosecutor’s argument as part of the basis for his finding. He also noted that the defendant continued his criminal activity even as he was being investigated. Thereafter, the court imposed three consecutive five-year terms of imprisonment and four concurrent five-year terms of imprisonment.

The defendant first argues on appeal that the trial court denied him his right to self-representation by appointing the public defender to assist him at the January 3 hearing and to represent him at the January 22 hearing.

A defendant has the right to represent himself in criminal proceedings. (People v. Silagy (1984), 101 Ill. 2d 147, 461 N.E.2d 415.) However, he may lose that right by engaging in serious and obstructionist misconduct, or if he cannot make a knowing and intelligent waiver. (People v. Ward (1991), 208 Ill. App. 3d 1073, 567 N.E.2d 642.) If there is some question about his ability to represent himself, it is also proper for the trial court to appoint the public defender as standby counsel. (People v. Partee (1987), 157 Ill. App. 3d 231, 511 N.E.2d 1165.) The trial court’s decision on the defendant’s self-representation will only be reversed if it was an abuse of discretion. See People v. Holmes (1987), 155 Ill. App. 3d 562, 508 N.E.2d 405.

The record shows that the defendant engaged in obstructionist misconduct before trial. Although he stated at five hearings that he would hire counsel, he never did so. As a result, the proceedings were delayed. This conduct, as well as his questions and comments about legal matters, also raised a serious question about his ability to make a knowing and intelligent waiver of counsel. Further, we note that he was allowed to proceed pro se at the January 3 hearing, and the public defender was merely standby counsel. Based on the foregoing, we find that the trial court did not abuse its discretion in appointing the public defender.

The defendant next argues that the trial court erred in imposing consecutive terms of imprisonment. He contends that consecutive terms were prohibited under section 5—8—4(a) of the Unified Code of Corrections (Ill. Rev. Stat. 1989, ch. 38, par. 1005—8—4(a)), because his offenses were committed as part of a single course of conduct and there was no substantial change in the nature of his criminal objective.

The State argues that section 5—8—4(b) sets forth an exception to section 5—8—4(a) if the court finds that consecutive sentences are necessary for the protection of the public. It further argues that the court properly made such a finding in this case.

Section 5—8—4 states:

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Cite This Page — Counsel Stack

Bluebook (online)
588 N.E.2d 307, 225 Ill. App. 3d 624, 167 Ill. Dec. 666, 1992 Ill. App. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fritz-illappct-1992.