People v. Lemons

613 N.E.2d 1234, 242 Ill. App. 3d 941, 184 Ill. Dec. 642, 1993 Ill. App. LEXIS 386
CourtAppellate Court of Illinois
DecidedMarch 25, 1993
Docket4-92-0346
StatusPublished
Cited by58 cases

This text of 613 N.E.2d 1234 (People v. Lemons) 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. Lemons, 613 N.E.2d 1234, 242 Ill. App. 3d 941, 184 Ill. Dec. 642, 1993 Ill. App. LEXIS 386 (Ill. Ct. App. 1993).

Opinions

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the

court:

On March 17, 1992, defendant filed a pro se petition for post-conviction relief, alleging that she was denied effective assistance of counsel at trial. On March 30, 1992, the trial court dismissed defendant’s petition as “frivolous and patently without merit,” pursuant to section 122 — 2.1(aX2) of the Post-Conviction Hearing Act (Act) (111. Rev. Stat. 1991, ch. 38, par. 122 — 2.1(aX2)). Defendant appeals, arguing that the court erred by dismissing her petition.

We affirm.

I. Background

In June 1989, the State charged defendant with four counts of first degree murder (111. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)(1)). In January 1990, defendant entered a negotiated guilty plea to second degree murder (111. Rev. Stat. 1989, ch. 38, par. 9 — 2(a)(2)). In March 1990, the trial court sentenced her to 15 years in prison. No direct appeal was taken.

On March 17, 1992, defendant filed a pro se petition for post-conviction relief, which alleged that she was denied effective assistance of counsel for the following reasons: (1) defense counsel “coerced defendant into accepting a fifteen year sentence where the possibility existed that she could of [sic] received a lesser sentence if taken to trial”; and (2) defense counsel “acknowledged the fact that defendant was indigent, but failed to give the defendant-petitioner any copies of the ‘report of proceeding or common law records[’] to perfect an appeal to the Illinois Appellate Court or Supreme Court.”

In its March 30, 1992, order of dismissal, the trial court wrote that defendant’s petition “sets out no facts supporting a claim of coercion.” The court also noted that it had fully admonished defendant under Supreme Court Rule 402 (134 111. 2d R. 402) when she pleaded guilty, and that defendant’s “guilty plea was found to be entirely voluntary.” Regarding defendant’s second claim, the court noted that defendant “was fully advised following her sentencing hearing *** about how to perfect her appeal rights and nothing is shown that she ever requested any assistance of her trial counsel regarding any appeal.”

II. Analysis

A. Proceedings Under the Post-Conviction Hearing Act In People v. Eddmonds (1991), 143 111. 2d 501, 510, 578 N.E.2d 952, 955-56, the Illinois Supreme Court discussed the Act as follows:

“The *** Act provides a remedy to criminal defendants who claim that substantial violations of their constitutional rights occurred in their trial. [Citation.] A post-conviction proceeding is not an appeal per se, but a collateral attack upon a final judgment. [Citation.] The purpose of a post-conviction proceeding is not to determine guilt or innocence, but to inquire into constitutional issues which have not been, and could not have been, previously adjudicated. [Citation.] In a post-conviction proceeding, the petitioner bears the burden of proving that a substantial constitutional violation occurred at trial.”

In 1983, the General Assembly enacted Public Act 83 — 942 (Pub. Act 83 — 942, eff. November 23, 1983 (1983 111. Laws 6200, 6201)), which amended the Act by adding section 122 — 2.1 (111. Rev. Stat. 1989, ch. 38, par. 122 — 2.1). That new section authorized a trial court to dismiss a post-conviction petition that the court determined was frivolous or patently without merit, thereby avoiding the expense, bother, and delay that the processing of deficient petitions had caused the courts before the enactment of Public Act 83 — 942. By enacting section 122 — 2.1, the legislature clearly intended to expedite trial court handling of deficient post-conviction petitions.

In People v. Dredge (1986), 148 Ill. App. 3d 911, 912-13, 500 N.E.2d 445, 446, this court considered the 1983 amendment to the Act and determined that the Act now provided a three-stage process for adjudication of petitions for post-conviction relief. At the first stage, the trial court should not decide the petition on the merits; instead, without input from the State or further pleadings from the defendant, the court should simply determine if the petition is frivolous or patently without merit. (Dredge, 148 Ill. App. 3d at 912, 500 N.E.2d at 446.) “[I]n order to withstand dismissal at the first stage of post-conviction proceedings, a petition for post-conviction relief need only contain a simple statement which presents the gist of a claim for relief which is meritorious when considered in view of the record of the trial court proceedings.” Dredge, 148 Ill. App. 3d at 913, 500 N.E.2d at 446.

If the court determines at this first stage that the petition is not frivolous or patently without merit, then at the second stage the court may appoint counsel to represent an indigent defendant, and counsel will have the opportunity to amend the post-conviction petition. The State may then move to dismiss the petition. The third and final stage is an evidentiary hearing if the court has not dismissed the petition on the State’s motion. Dredge, 148 111. App. 3d at 913, 500 N.E.2d at 446.

In People v. Porter (1988), 122 111. 2d 64, 74, 521 N.E.2d 1158, 1161, the supreme court discussed section 122 — 2.1 of the Act and added the following regarding the petitioner’s burden:

“[T]he [post-conviction] petitioner must set forth the specific manner in which his rights were violated. (111. Rev. Stat. 1983, ch. 38, par. 122 — 2.1.) The petitioner does not have to construct legal arguments or cite to legal authority. Once the petitioner sets out allegations demonstrating a meritorious constitutional claim, he is entitled to have counsel represent him on the petition. ‘While it is obvious that counsel should be better able to more artfully draft a petition than an indigent petitioner unschooled in legal drafting, it is certainly not clear that an indigent petitioner could not present the gist of his claim so that the trial court could make an initial determination as to whether * * * the claim is frivolous.’ People v. Baugh (1985), 132 HI. App. 3d 713, 717[, 477 N.E.2d 724, 726].”

B. Defendant’s Claim, That Her Counsel Coerced Her Guilty Plea

Citing Dredge, defendant argues that her pro se petition contained the gist of a meritorious claim and that “evidence of coercion could only be properly considered with the appointment of counsel and investigation of the nature of the advice and tactics employed by trial counsel when advising the defendant to plead guilty.” Defendant also cites People v. Von Perbandt (1991), 221 Ill. App. 3d 951, 956, 583 N.E.2d 90, 93, for the proposition that only a “minimal amount of specificity is required” for pro se petitions. Defendant claims that her petition complied with the standards of Dredge and Von Perbandt. We disagree.

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Bluebook (online)
613 N.E.2d 1234, 242 Ill. App. 3d 941, 184 Ill. Dec. 642, 1993 Ill. App. LEXIS 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lemons-illappct-1993.