People v. Langley

589 N.E.2d 824, 226 Ill. App. 3d 742, 168 Ill. Dec. 424, 1992 Ill. App. LEXIS 295
CourtAppellate Court of Illinois
DecidedFebruary 28, 1992
Docket4-91-0495
StatusPublished
Cited by57 cases

This text of 589 N.E.2d 824 (People v. Langley) 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. Langley, 589 N.E.2d 824, 226 Ill. App. 3d 742, 168 Ill. Dec. 424, 1992 Ill. App. LEXIS 295 (Ill. Ct. App. 1992).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

A Champaign County jury convicted defendant Lawrence Langley of aggravated battery of a child. (Ill. Rev. Stat. 1989, ch. 38, par. 12—4.3(a).) After a sentencing hearing at which defendant appeared pro se, he was sentenced to 15 years’ imprisonment. He appeals, arguing he was denied his sixth amendment right to discharge his privately retained counsel during trial. He also contends his waiver of counsel at the sentencing hearing violated the sixth amendment because the trial judge did not properly admonish him. The court was not bound to permit defendant to discharge his counsel during the trial. It was, however, bound to sufficiently admonish defendant before accepting his waiver of counsel at the sentencing hearing. We agree with defendant’s contention the court failed to do so.

Defendant was charged by information with cruelty to children (Ill. Rev. Stat. 1989, ch. 23, par. 2368) and aggravated battery of a child (Ill. Rev. Stat. 1989, ch. 38, par. 12—4.3(a)). An 18-month-old daughter of the woman with whom defendant resided had been severely scalded over 40% of her body. The State alleged defendant was responsible for the burns. At defendant’s arraignment in November 1990, he was informed of his right to counsel and to have counsel appointed. He was also given a copy of the information and informed of the charges lodged against him and the possible penalties. Defendant appeared in person and with an assistant public defender. Defendant was arraigned again in mid-December 1990, after a grand jury returned indictments for the original offenses and the additional offense of heinous battery (Ill. Rev. Stat. 1989, ch. 38, par. 12—4.1(a)). Defendant was provided a copy of the indictments. He was again informed of his right to counsel or court-appointed counsel, the nature of the charges against him and of the potential penalties he faced. Defendant and his public defender were present at this arraignment.

A privately retained attorney entered his appearance for defendant on January 8, 1991. Defendant argues he should have been permitted to discharge this attorney midway through his trial. The attorney represented defendant throughout the proceedings until a June 18, 1991, proceeding when the court learned defendant had discharged him. The attorney had filed numerous motions on behalf of defendant and participated in the jury trial held on April 15 through 17,1991.

On April 17, the third day of the trial, before defense counsel began presenting defendant’s case, defendant indicated to the court that he wanted to seek other counsel. Defendant explained he was not satisfied with how the trial was progressing. He stated he was led to believe “certain things were going to occur in the proceedings, and they haven’t yet at all, not one way, credible witnesses, things of that nature, nothing.” After further inquiry by the judge, defendant explained he thought doctors were going to testify. The judge explained defense counsel intended to call a doctor to testify on defendant’s behalf.

The judge also indicated to defendant that defense counsel had not yet had an opportunity to present a case and call witnesses because the State was not finished presenting its case. The judge noted the trial was half over, and ruled substitute counsel could not be permitted based on defendant’s reasons for this request.

At his sentencing hearing on June 3, 1991, defendant appeared with the counsel who had represented him throughout his trial. Upon inquiry by the court, defense counsel stated he had no additions or corrections to make to defendant’s presentence report. While testimony was in progress, defendant interrupted and informed the court he had filed a motion to continue the sentencing hearing and for a new trial. Defendant also explained he wanted time to obtain new counsel for his sentencing hearing. The court continued the sentencing hearing until July 5.

At a status hearing on June 18, 1991, defendant appeared pro se and the court learned defendant had discharged previously retained counsel. The court admonished defendant he could proceed to argue his motions as long as he understood the court could appoint counsel to represent him. Defendant responded he wanted to represent himself “until further notice.” Defendant presented a motion which requested permission to go to the clerk’s office to file motions. He explained that he and his father thought the records would make it easier for him to obtain new counsel. The judge explained to defendant the procedure for filing motions with the clerk’s office. He also told defendant a hearing on his motions could take place before his sentencing hearing and he could represent himself at this hearing.

Defendant appeared in court on June 25, 1991, for a hearing on a motion filed by the State to revoke defendant’s bond because he could not receive probation as a sentence due to the nature of his previous criminal record and the offense for which he had been convicted. Defendant, appearing pro se, did not object. Defendant asked the court to postpone his sentencing hearing for 30 days to enable him to obtain counsel. He explained his father was speaking with a few lawyers. The trial judge stated he would not change the July 5 sentencing date because he was unconvinced defendant was progressing toward obtaining counsel. The judge revoked defendant’s bond and told defendant when he obtained new counsel, his counsel should contact the court and the State so they could discuss scheduling.

On July 2, 1991, defendant filed a letter with the clerk’s office in which he stated as of July 1 he wanted to represent himself. On July 3 he filed a motion for a mistrial. In his motion, he alleged his constitutional rights were violated during his trial because the court denied his request during trial that his counsel be dismissed. He also contended the State failed to prove his guilt beyond a reasonable doubt because it produced no eyewitnesses to the alleged offense. In addition, defendant’s motion contended he was prejudiced by inflammatory photos of the victim which were introduced into evidence. Defendant noted at the end of the motion that he was currently representing himself. Defendant also filed a letter in which he asked the court to be lenient in its sentencing because he had learned from his present incarceration.

On July 5, he filed another motion for a mistrial and a motion to postpone sentencing. Defendant argued the same constitutional violation regarding trial counsel as had been alleged in his July 3 motion. He also alleged his defense was hindered when the court granted the State’s motion in limine to prevent the introduction of the opinion of staff of the Department of Children and Family Services about the alleged offense. At the sentencing hearing July 5, the judge stated, “You have indicated to me you want to represent yourself, and you’re permitted to do that, but I’m not going to continue this matter any further. So we’re here today to hear your motions, first of all.” Defendant responded “Okay.” The judge also observed that although he continued this hearing from June 3 to July 5 to enable defendant to obtain counsel, defendant had not done so.

The judge initially heard defendant’s motions and denied them. When asked by the trial judge, defendant had no corrections or additions to make to his presentence report.

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Cite This Page — Counsel Stack

Bluebook (online)
589 N.E.2d 824, 226 Ill. App. 3d 742, 168 Ill. Dec. 424, 1992 Ill. App. LEXIS 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-langley-illappct-1992.