People v. L.W.

525 N.E.2d 560, 171 Ill. App. 3d 1056, 121 Ill. Dec. 502, 1988 Ill. App. LEXIS 910
CourtAppellate Court of Illinois
DecidedJune 24, 1988
DocketNo. 2-86-0762
StatusPublished
Cited by3 cases

This text of 525 N.E.2d 560 (People v. L.W.) 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. L.W., 525 N.E.2d 560, 171 Ill. App. 3d 1056, 121 Ill. Dec. 502, 1988 Ill. App. LEXIS 910 (Ill. Ct. App. 1988).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

The respondent, L.W., a minor, along with two other minors, was adjudicated delinquent and declared a ward of the circuit court of Lake County upon entering an admission to each of two counts: armed violence and aggravated battery. The adjudicatory hearing was held on June 17, 1986. An order of adjudication finding L.W. delinquent and a ward of the court was entered July 8, 1986. On the same date, after a dispositional hearing, an order was also entered which committed L.W. to the Department of Corrections. Respondent, L.W., appeals the order of adjudication of delinquency and wardship and the order of commitment.

Respondent presents two issues for review: (1) whether the respondent, L.W., was denied the effective assistance of counsel when the assistant public defender also represented two other minors during the proceedings, and (2) whether the trial court erred in declaring L.W. a ward of the court at the adjudicatory hearing rather than at the dispositional hearing contrary to the provisions of the Juvenile Court Act (111. Rev. Stat. 1985, ch. 37, pars. 704-8(2), 705-1(1)).

The People, as petitioner, contend that L.W.’s attorney did not labor under an actual conflict of interest, that respondent did not receive the ineffective assistance of counsel, and that the court did not commit reversible error in adjudicating L.W. a ward of the court at the adjudicatory hearing.

We agree with the petitioner and affirm the judgment of the circuit court.

On April 29, 1986, the petitioner filed a petition for adjudication of wardship alleging that L.W. had committed conspiracy, armed robbery, armed violence, mob action, criminal damage to property, and four counts of aggravated battery. On that date, the respondent stipulated to the criminal damage charge for probable cause purposes. The charges stemmed from an incident on April 27, 1986, when L.W. and two other minors, Bobby Lee McGowan and Deandre Taylor, allegedly attacked two Hispanic men with sticks and a bat. The wallet of German Salgado, one of the victims, was taken. The attack occurred in the area near L.W.’s home. The minors also broke all the windows and the windshield of the car in which the men had been riding.

On the morning of the detention hearing held on April 29, 1986, Kathy Keller, an assistant public defender, was appointed to represent all three minors. She indicated that she would need some time to review the case and to discuss any possible conflicts in representing the minors. The hearing was continued to the afternoon, the respondents waiving the 36-hour time period within which the detention hearing must be held pursuant to section 3 — 5(1) of the Juvenile Court Act (111. Rev. Stat. 1985, ch. 37, par. 703-5(1)).

Respondents then stipulated to the criminal damage charge for probable cause purposes. The court found probable cause and further determined that immediate and urgent necessity existed to place the minors in detention as provided by the Juvenile Court Act, which permits the detention of a delinquent minor when “it is a matter of immediate and urgent necessity for the protection of the minor or *** of another.” Ill. Rev. Stat. 1985, ch. 37, par. 703 — 6(2).

On May 2, 1986, the petitioner moved to prosecute the minors as adults pursuant to section 2 — 7(3) of the Juvenile Court Act (111. Rev. Stat. 1985, ch. 37, par. 702 — 7(3)). The transfer hearing was continued by agreement to May 23, 1986, at which time extensive evidence and testimony were presented. The court denied the People’s motion to prosecute L.W. as an adult. The court then noted that there were time limitations for a trial date when a minor is held in detention; the record indicates that the minors had then been detained for 19 judicial days. Upon inquiry by the court, the parties agreed that the limitations period had been tolled and agreed to a trial date within 18 more judicial days.

Presumably, the resetting of the adjudicatory proceeding to June 17, 1986, was intended to comply with the outside limit of 20 judicial days from the date of the order of detention prescribed in section 4— 2(2) of the Juvenile Court Act (111. Rev. Stat. 1985, ch. 37, par. 704— 2(2)). That section actually provides a limit of 10 judicial days for an adjudicatory hearing when a minor is in detention; the time period can be extended by another 10 judicial days upon written motion and proper notice by the State’s Attorney.

An individual adjudicatory hearing was then held for L.W. on June 17, 1986, the agreed date. Upon admitting counts III and V relating to armed violence and aggravated battery, the State withdrew the eight remaining charges. After proper admonishments to the minor and acceptance of the admissions based on factual findings, the court stated that it would adjudicate the minor delinquent and make him a ward of the court. The matter was continued for a dispositional hearing on July 8, 1986. L.W. was again detained upon findings of immediate and urgent necessity.

On June 30, 1986, L.W.’s counsel objected to moving up the disposition hearing to July 2, based on her schedule and also to assure the presence of witnesses for L.W. already scheduled for the July 8 hearing.

On July 8, 1986, after considering the testimony, the arguments of counsel, the alternative placement possibilities for L.W. and the severity of the offense, the court committed him to the Department of Corrections.

L.W. argues that joint representation of the three minors by a single public defender denied him effective assistance of counsel because, at the transfer hearing, counsel purportedly emphasized L.W.’s culpability and the premeditative character of his actions in her attempt to show that Taylor and McGowan had no plan to rob the victims. Respondent bases his argument on testimony elicited from Officer Michael Jackson, who testified regarding statements three minors gave to him and to other officers. On direct examination, Jackson related that McGowan had indicated in his statement that they (presumably the three minors) intended to rob the victims. On cross-examination by respondent’s counsel, the officer, relying on a report prepared by a detective, indicated that McGowan had stated that L.W. and another (Joanne) apparently planned to rob the victims.

A close examination of the record reveals that counsel’s further questions were directed at establishing the absence of any definitive plan to rob the victims and the conjectural nature of the statements the officer related in his testimony. L.W.’s statement did not indicate that he admitted or denied any plan to rob the victims. Rather than showing inconsistent defenses, the record shows that the assistant public defender was attempting to demonstrate a lack of premeditation or evidence of motive on the part of each of the three minors as well as the lack of the officer’s firsthand knowledge of the minors’ intent. In other words, a common defense rather than inconsistent defenses can be inferred from the line of questioning counsel used.

Other testimony elicited as to the parts of the victim’s body that were struck by each of the defendants may have been intended to show inconsistencies in the testimony of the officer, or his lack of personal knowledge of the events.

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Related

People v. Gilbert E.
262 Ill. App. 3d 716 (Appellate Court of Illinois, 1994)
People v. P.E.K.
558 N.E.2d 763 (Appellate Court of Illinois, 1990)
In Re PEK
558 N.E.2d 763 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
525 N.E.2d 560, 171 Ill. App. 3d 1056, 121 Ill. Dec. 502, 1988 Ill. App. LEXIS 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lw-illappct-1988.