People v. Hopson

428 N.E.2d 680, 101 Ill. App. 3d 564, 57 Ill. Dec. 130, 1981 Ill. App. LEXIS 3548
CourtAppellate Court of Illinois
DecidedNovember 12, 1981
DocketNo. 81-82
StatusPublished
Cited by11 cases

This text of 428 N.E.2d 680 (People v. Hopson) 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. Hopson, 428 N.E.2d 680, 101 Ill. App. 3d 564, 57 Ill. Dec. 130, 1981 Ill. App. LEXIS 3548 (Ill. Ct. App. 1981).

Opinion

Mr. JUSTICE REINHARD

delivered the opinion of the court:

Defendant, William Hopson, entered a plea of guilty pursuant to a negotiated plea agreement with the State’s Attorney. Defendant later filed a motion to withdraw his plea. After a hearing, the court denied the motion. Defendant now appeals and alleges that the trial court erred in denying his motion to withdraw his guilty plea and that he was denied the effective assistance of counsel on that motion.

On June 14, 1979, defendant was charged in a five-count indictment with the offense of murder. (Ill. Rev. Stat. 1979, ch. 38, par. 9 — 1.) On December 6,1979, at a conference held pursuant to Supreme Court Rule 402 (Ill. Rev. Stat. 1979, ch. 110A, par. 402) and prior to the court’s acceptance of defendant’s guilty plea, the assistant State’s Attorney related that the defendant’s guilty plea was to be entered pursuant to a plea agreement whereby defendant agreed to testify in the prosecution of two co-defendants in cases which arose from the same incident. In return for the defendant’s testimony, the State agreed to recommend that defendant receive 20 years in the Illinois Department of Corrections. The court then concurred in the plea agreement. Immediately thereafter, the defendant entered a plea of guilty to murder as alleged in count I. Ill. Rev. Stat. 1979, ch. 38, par. 9 — 1(a)(1).

The court then informed the defendant of the charges against him as follows:

“Now, the nature of the charge is that on or about May 21,1979, in DuPage County, you committed the offense of murder in that, without lawful justification and with intent to kill Scott Brunoehler, you strangled Scott Brunoehler, thereby causing the death of Scott Brunoehler * ”

In response to the question of whether he understood the charges, the defendant said, “Yes. I do.” The court then admonished the defendant pursuant to Supreme Court Rule 402, and the assistant State’s Attorney _articulated the factual basis for the guilty plea as follows.

On May 21, 1979, the body of Scott R. Brunoehler, an inmate at the Du Page County jail, was discovered hanging from a light fixture in the jail. The defendant was also incarcerated in the jail at the time of Brunoehler’s death. Investigation by the Du Page County sheriff’s office revealed that Brunoehler’s death was caused by defendant and two other inmates, James Devin and Robert Gan gestead.

The defendant’s participation in the crime involved holding down the victim’s feet while one of the other individuals held down his arms and the third individual strangled the victim with a rope. The defendant and Robert Gangestead then held up the victim’s body while James Devin tied the rope around a padlock, apparently suspended from the ceiling, “in such a manner as to make it appear as if the offense had been a suicide

On May 24, 1979, defendant gave a full confession to Detectives Tanke and Glinski of the Du Page County Sheriff’s Office. In the confession, Hopson indicated that James Devin told him that there was going to be a “blanket party.” Defendant observed James Devin take out a rope which had been braided from bed sheets and make the statement “[sjnitches don’t live.” The defendant made similar confessions to Detective Allen McKechnie, assistant State’s Attorneys Charles Emery and Robert Anderson on May 25, 1979, and to Deputy Robert Quinn of the sheriff’s office on May 30,1979.

After the assistant State’s Attorney articulated the factual basis for the plea the following colloquy ensued:

“MR. ANDERSON: I believe that the defendant has indicated that he is pleading guilty because he did so participate.
Is that correct, Mr. Hopson?
DEFENDANT HOPSON : I’m sorry, Yes.
THE COURT: Are those the facts that the State’s evidence would show, Mr. Hopson?
DEFENDANT HOPSON: Yes.”

The court then accepted defendant’s plea of guilty and set the date for the sentencing hearing.

At the sentencing hearing on May 1, 1980, the State nolle pressed counts II through V in the indictment and recommended a sentence of 20 years in the Department of Corrections. In response to a question from the court, the defendant stated:

“I just — from what I — I’ve already talked to the State’s Attorney, and they’ve explained pretty much what is happening and all the questions have been answered so far.
I just was wondering if the Court could reduce the charge, but I’ve been informed that you could not. That’s the only question I had.”

The court then sentenced defendant to 20 years in the Department of Corrections.

Thereafter, defendant filed a motion to vacate the plea of guilty on May 30, 1980, and new counsel was appointed to represent him. In an amended motion to vacate the plea the defendant alleged:

“6. That there was not substantial compliance with said Supreme Court Rule 402, Chapter 110A, Illinois Revised Statutes. In that, the court did not properly inform him of the nature of the charges pending against him as the Defendant was not advised that intent was an element of the crime that he was pleading guilty to.
7. That the record of the plea of guilty does not state a proper factual basis upon which to base a plea of guilty to the crime of murder.
8. That your Petitioner maintained and continues to maintain that he never intended to murder the victim herein.”

At the hearing on the motion to withdraw the guilty plea, defendant Hopson testified that on December 6,1979, the day the plea was entered, he was given the drugs adapin and tranxene by Deputy Quinn prior to being brought to court. Hopson stated that he had met with attorney William (sic) Zimmerman three or four times prior to the entry of the guilty plea and that at no time did Zimmerman explain the elements of the offense of murder or explain the element of intent. Hopson could not remember the events of the day the guilty plea was entered because his attention was diverted elsewhere. He testified that as the State’s Attorney was relating the factual basis for the guilty plea, his lawyer was informing him that his wife had left for Florida with his son. Finally, when asked if he understood from his conversations with Zimmerman, the State’s Attorney, and the Judge, that the offense of murder involved the element of intent, Hopson replied, “I, I presumed it, but he never explained it to me.”

On cross-examination, Hopson stated that his lawyer gave him the impression that if he didn’t plead guilty, he would receive the death penalty. The defendant also indicated that he could not recall other portions of the proceedings concerning the guilty plea because “when he told me I was going to get 20 years, I was in a state of shock.” Hopson further testified that the drugs adapin and tranxene were administered to him to calm him down. The drugs were supposed to be administered at different times, but, defendant stated, on December 6, both drugs were administered at the same time by Deputy Quinn.

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Bluebook (online)
428 N.E.2d 680, 101 Ill. App. 3d 564, 57 Ill. Dec. 130, 1981 Ill. App. LEXIS 3548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hopson-illappct-1981.