People v. Jones

809 N.E.2d 1233, 211 Ill. 2d 140, 284 Ill. Dec. 287, 2004 Ill. LEXIS 981
Illinois Supreme Court·Decided May 24, 2004·No. 95576·Published·Cited by 171 cases

Opinion

809 N.E.2d 1233 (2004)
211 Ill.2d 140
284 Ill.Dec. 287

The PEOPLE of the State of Illinois, Appellee,
v.
Lee JONES, Appellant.

No. 95576.

Supreme Court of Illinois.

March 18, 2004.
As Modified Upon Denial of Rehearing May 24, 2004.

*1235 James K. Leven, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield, and Richard A. Devine, State's Attorney, Chicago (Linda D. Woloshin, Assistant Attorney General, Chicago, and Renee Goldfarb, William D. Carroll and Manny Magence, Assistant State's Attorneys, of counsel), for the People.

Justice RARICK delivered the opinion of the court:

This case presents the question of whether waiver applies to issues raised for the first time on appeal from the dismissal, at the first stage of proceedings, of a petition filed under the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 1998)). Following simultaneous but severed trials in the circuit court of Cook County, defendant, Lee Jones, and a codefendant not involved in this appeal, Leroy Anderson, were found guilty of first degree murder and armed robbery. The circuit court sentenced defendant to a 35-year term of imprisonment for first degree murder and a concurrent 30-year term for armed robbery. On direct appeal, the appellate court reversed defendant's convictions and remanded the cause, finding the trial court had erred in failing to give defendant a fitness hearing to determine if she was mentally fit to stand trial. People v. Anderson and Jones, Nos. 1-94-1151,1-94-1334 cons., 282 Ill.App.3d 1099, 236 Ill. Dec. 448, 707 N.E.2d 293 (1996) (unpublished order under Supreme Court Rule 23) (Jones I).

On remand, defendant was found fit to stand trial following a hearing. She then pleaded guilty and was sentenced to consecutive terms of 22 years' imprisonment for first degree murder and 8 years' imprisonment for armed robbery. After the trial court denied defendant's motion to withdraw her guilty plea, she again appealed and her convictions and sentences were affirmed. People v. Jones, No. 1-98-0729, 303 Ill.App.3d 1099, 254 Ill.Dec. 694, 747 N.E.2d 1106 (1999) (unpublished order under Supreme Court Rule 23) (Jones II).

In December 1999, defendant filed a pro se postconviction petition arguing that she was not admonished regarding the possibility of consecutive sentencing by either the trial court or trial counsel, resulting in a deprivation of due process and effective assistance of counsel. Defendant's petition was summarily dismissed as frivolous and *1236 patently without merit by the trial court pursuant to section 122-2.1(a)(2) of the Act (725 ILCS 5/122-2.1(a)(2) (West 1998)). Defendant appealed, contending for the first time that: (1) she had received ineffective assistance of prior appellate counsel in both Jones I and Jones II, because neither counsel had argued that a retrial was barred by principles of double jeopardy; and (2) her conviction and sentence for armed robbery should be vacated because of the one-act, one-crime rule and because armed robbery was a lesser-included offense of felony murder. The appellate court held that defendant's newly raised claims were deemed waived under section 122-3 of the Act (725. ILCS 5/122-3. (West 1998)), and affirmed the dismissal of defendant's postconviction petition. No. 1-00-0367 (unpublished order under Supreme Court Rule 23) (Jones II). We granted defendant leave to appeal (177 Ill.2d R. 315(a)), and now affirm the appellate court.

The Post-Conviction Hearing Act provides a method by which a defendant may challenge his conviction or sentence for violations of federal or state constitutional rights. People v. McNeal, 194 Ill.2d 135, 140, 252 Ill.Dec. 19, 742 N.E.2d 269 (2000); People v. Tenner, 175 Ill.2d 372, 377, 222 Ill.Dec. 325, 677 N.E.2d 859 (1997).

"An action for post-conviction relief is a collateral proceeding, not an appeal from the earlier judgment. People v. Williams, 186 Ill.2d 55, 62, 237 Ill.Dec. 112, 708 N.E.2d 1152 (1999). To be entitled to post-conviction relief, a defendant must demonstrate a substantial deprivation of federal or state constitutional rights in the proceedings that produced the conviction or sentence being challenged. People v. Morgan, 187 Ill.2d 500, 528, 241 Ill.Dec. 552, 719 N.E.2d 681 (1999). Considerations of res judicata and waiver limit the scope of post-conviction relief `to constitutional matters which have not been, and could not have been, previously adjudicated.' People v. Winsett, 153 Ill.2d 335, 346, 180 Ill.Dec. 109, 606 N.E.2d 1186 (1992). "McNeal, 194 Ill.2d at 140, 252 Ill.Dec. 19, 742 N.E.2d 269.

In cases where the death penalty is not involved, adjudication of a postconviction petition follows a three-stage process. People v. Gaultney, 174 Ill.2d 410, 418, 221 Ill.Dec. 195,' 675 N.E.2d 102 (1996). The instant case was before the circuit court at the first stage of this process, during which the court is required to review the petition within 90 days of its filing and determine whether it is frivolous or patently without merit. 725 ILCS 5/122-2.1(a)(2) (West 1998). The circuit court's review at this first stage is independent, as the Act does not permit any further pleadings from the defendant, or any motions, responsive pleadings, or other input from the State. Gaultney, 174 Ill.2d at 418, 221 Ill.Dec. 195, 1575 N.E.2d 102. To survive first-stage dismissal, a pro se petitioner need only present the "gist" of a constitutional claim, which is a "low threshold" requiring only a limited amount of detail in the petition. Gaultney, 174 Ill.2d at 418, 221 Ill.Dec. 195, 675 N.E.2d 102; People v. Edwards, 197 Ill.2d 239, 244, 245, 258 Ill.Dec. 753, 757 N.E.2d 442 (2001). However, under section 122-2 of the Act, the petition must "clearly set forth the respects in which petitioner's constitutional rights were violated." 725 ILCS 5/122-2 (West 1998).

In People v. De La Paz, 204 Ill.2d 426, 274 Ill.Dec. 397, 791 N.E.2d 489 (2003), this court recently examined whether a defendant had waived review of an issue which he had failed to present in his postconviction petition. In De La, Paz, the circuit court had dismissed the defendant's petition upon the State's motion at the *1237 second stage of proceedings, the appellate court affirmed the dismissal, and we granted the defendant leave to appeal.

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

People v. Jones, 809 N.E.2d 1233, 211 Ill. 2d 140, 284 Ill. Dec. 287, 2004 Ill. LEXIS 981 (Ill. 2004).

809 N.E.2d 1233 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Gordon
2025 IL App (5th) 240359-U (Appellate Court of Illinois, 2025)
People v. Holmes
2024 IL App (5th) 230122-U (Appellate Court of Illinois, 2024)
People v. Ajibola
2023 IL App (4th) 220968-U (Appellate Court of Illinois, 2023)
People v. Guiden
2023 IL App (4th) 221091-U (Appellate Court of Illinois, 2023)
People v. Horman
2023 IL App (3d) 220010-U (Appellate Court of Illinois, 2023)
People v. Brown
2023 IL App (2d) 220334 (Appellate Court of Illinois, 2023)
People v. Rosado
2023 IL App (1st) 220706-U (Appellate Court of Illinois, 2023)
People v. Class
2023 IL App (1st) 200903 (Appellate Court of Illinois, 2023)
People v. Spivey
2023 IL App (3d) 220067-U (Appellate Court of Illinois, 2023)
People v. Turner
2023 IL App (1st) 191503 (Appellate Court of Illinois, 2023)
People v. McManamay
2023 IL App (5th) 210240-U (Appellate Court of Illinois, 2023)
People v. Matthews
2022 IL App (4th) 210752 (Appellate Court of Illinois, 2022)
People v. Tilley
2021 IL App (4th) 190021-U (Appellate Court of Illinois, 2021)
People v. Delgado
2021 IL App (1st) 181102-U (Appellate Court of Illinois, 2021)
People v. Owens
2021 IL App (4th) 190656-U (Appellate Court of Illinois, 2021)
People v. Fenderson
2020 IL App (5th) 160052-U (Appellate Court of Illinois, 2020)
People v. Lewis
2020 IL App (2d) 180046-U (Appellate Court of Illinois, 2020)
People v. Harris
2019 IL App (1st) 162016-U (Appellate Court of Illinois, 2019)
People v. Guye
2019 IL App (1st) 170136-U (Appellate Court of Illinois, 2019)
People v. Matlick
2019 IL App (4th) 170564-U (Appellate Court of Illinois, 2019)