People v. Graves

480 N.E.2d 1142, 134 Ill. App. 3d 473, 89 Ill. Dec. 399, 1984 Ill. App. LEXIS 2705
CourtAppellate Court of Illinois
DecidedDecember 17, 1984
Docket83-2617
StatusPublished
Cited by11 cases

This text of 480 N.E.2d 1142 (People v. Graves) 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. Graves, 480 N.E.2d 1142, 134 Ill. App. 3d 473, 89 Ill. Dec. 399, 1984 Ill. App. LEXIS 2705 (Ill. Ct. App. 1984).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial, defendant, James Graves, was found guilty and concurrently sentenced to 22 years’ imprisonment for armed robbery, 22 years for home invasion, 10 years for residential burglary, four years for aggravated battery, and three years for unlawful restraint. Ill. Rev. Stat. 1981, ch. 38, pars. 18 — 2, 19 — 3, 12 — 11, 12 — 4, 10-3.

The following issues are raised on appeal: (1) whether the court erred in allowing defendant to exercise his constitutional right to pro se representation; (2) whether the court erred in allowing defendant to continue his pro se representation without court intervention; (3) whether the prosecutor’s statements during closing argument were proper.

The record discloses that on August 16, 1983, defendant, represented by an assistant public defender, appeared at a pretrial hearing for two separate indictments. At this hearing, defendant demanded trial on both pending indictments and announced his desire to proceed to trial without representation by counsel. The court declined to rule on either matter requested by defendant and transferred both cases to the second district to be heard on September 21, 1983. On that date, defendant was again represented by an assistant public defender. During this hearing, defendant repeated his demand for immediate trial and the right to conduct his own defense. The assistant public defender told the court that pretrial discovery was incomplete, that his office was not prepared to go to trial at that time, and that his office would prefer to withdraw as counsel in light of defendant’s stated positions. The court then advised defendant of his right to counsel and informed him of the nature of the charges against him with the possible sentences. An inquiry into defendant’s background by the court showed that defendant was 33 years old, that defendant graduated from high school in Chicago, that defendant had worked for some 20 to 30 companies as a truck driver for about 10 years, that defendant had worked “off and on” for Locals 63 and 136 as an iron-worker since defendant was 18 years old, that defendant went to the New York School of Locksmith, where he took a course in safe manipulation and penetration, and that defendant worked as a locksmith on a part-time basis. Defendant also stated to the court that he “defended himself in a previous misdemeanor case and won,” that the pending charges against him were “frivolous,” that he realized “the charges and consequences if found guilty,” and that he wanted an immediate trial to prevent from being “in jail for who knows how long.” After this inquiry, the court found a valid waiver of counsel and the public defender was allowed to withdraw. The State was instructed to provide defendant with photocopies of all relevant materials in their possession, and the court made a public defender available throughout the proceedings to assist defendant in presenting his case. The court gave defendant the option of having either the public defender sit in the courtroom or sit at the table with defendant. The court also explained the procedures for jury selection and a side-bar conference to defendant.

The trial commenced on September 27, 1983, and defendant made his opening statement to the jury. In the course of the trial, defendant experienced some difficulty in the cross-examination of complainant and requested the court to allow the public defender to take over the representation of defendant. The court instructed the public defender to represent defendant. However, defendant indicated to the court that he wanted to resume his pro se representation before the public defender began to continue cross-examination of complainant.

On September 28, 1983, defendant asked the court that he be allowed the active participation of the public defender as co-counsel. This request was denied, and defendant elected to proceed with representation by the public defender. The public defender conducted the cross-examination of the State’s final witness and the direct examination of the two witnesses presented by the defense.

During trial, defendant testified that he was present in complainant’s apartment on the night of the incident, but that he had been attacked by complainant’s homosexual friend named “John” and complainant. Defendant claimed complainant’s injuries were caused by “John.” Defendant further stated that complainant and “John” fought because complaint insisted “John” stop molesting defendant. Complainant testified that it was defendant who robbed and beat him. Complainant and" the investigating officers testified that no third party nor anyone named “John” was present. Also, complainant claimed that he did not invite defendant into his apartment and that he had never seen defendant before defendant grabbed him from behind at the bottom of the stairs leading to complainant’s apartment.

On September 28, 1983, closing arguments were made, and the State moved to nol-pros the armed violence count. The jury acquitted defendant in the attempted murder count, but convicted him on the remaining counts. After defendant’s motion for a new trial was denied, this appeal followed.

The first issue presented is whether the court erred in allowing defendant to conduct his own defense. The sixth amendment to the United States Constitution provides for the right to pro se representation in criminal proceedings. (People v. Silagy (1984), 101 Ill. 2d 147, 461 N.E.2d 415.) To exercise this right, a defendant must knowingly and intelligently waive the benefits of his right to representation by counsel. (Johnson v. Zerbst (1937), 304 U.S. 458, 82 L. Ed. 1461, 58 S. Ct. 1019; People v. Kavinsky (1980), 91 Ill. App. 3d 784, 414 N.E.2d 1206.) Whether there has been a waiver of the right to counsel is a matter to be determined by the trial court, and that decision will not be reversed absent an abuse of discretion. (Glasser v. United States (1942), 315 U.S. 60, 86 L. Ed. 680, 62 S. Ct. 457; People v. Amft (1982), 109 Ill. App. 3d 619, 440 N.E.2d 924.) A careful inquiry must be made to determine defendant’s ability to conduct his own defense, focusing on his age, level of education, mental capacity, and prior experience with legal proceedings. (People v. Kavinsky (1980), 91 Ill. App. 3d 784, 414 N.E.2d 1206.) Before one can understandably waive assistance of counsel, the trial court must give him admonitions specified by Illinois Supreme Court Rule 401(a). (People v. O’Neal (1978), 62 Ill. App. 3d 146, 379 N.E.2d 12.) The court may not permit waiver of counsel unless it is determined that defendant understands the nature of the charge(s), the maximum and minimum penalties prescribed by law, and the right to appointed counsel if indigent. 87 Ill. 2d R. 401(a); People v. Heidelberg (1975), 33 Ill. App. 3d 574, 338 N.E.2d 56.

Defendant contends that the court conducted only a limited inquiry into defendant’s educational background and work experience, and that no inquiry was made regarding defendant’s understanding of the admonitions against him as required by Illinois Supreme Court Rule 401(a).

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

Related

People v. Moore
2023 IL App (5th) 180408-U (Appellate Court of Illinois, 2023)
People v. Ogurek
Appellate Court of Illinois, 2005
People v. Jackson
593 N.E.2d 760 (Appellate Court of Illinois, 1992)
People v. Ward
567 N.E.2d 642 (Appellate Court of Illinois, 1991)
People v. Scott
551 N.E.2d 288 (Appellate Court of Illinois, 1990)
People v. McCoy
509 N.E.2d 567 (Appellate Court of Illinois, 1987)
People v. Siler
506 N.E.2d 756 (Appellate Court of Illinois, 1987)
People v. Morissette
501 N.E.2d 781 (Appellate Court of Illinois, 1986)
People v. Crittenden
500 N.E.2d 678 (Appellate Court of Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
480 N.E.2d 1142, 134 Ill. App. 3d 473, 89 Ill. Dec. 399, 1984 Ill. App. LEXIS 2705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-graves-illappct-1984.