People v. Pannell

2024 IL App (5th) 230100-U
Appellate Court of Illinois·Decided August 27, 2024·No. 5-23-0100·Unpublished

Opinion

NOTICE 2024 IL App (5th) 230100-U NOTICE Decision filed 08/27/24. The This order was filed under text of this decision may be NO. 5-23-0100 Supreme Court Rule 23 and is changed or corrected prior to not precedent except in the the filing of a Petition for IN THE limited circumstances allowed Rehearing or the disposition of under Rule 23(e)(1). the same. APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Madison County. ) v. ) No. 15-CF-1337 ) ALEXANDER V. PANNELL, ) Honorable ) Neil T. Schroeder, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________

JUSTICE BARBERIS delivered the judgment of the court. Justices Moore and McHaney concurred in the judgment.

ORDER

¶1 Held: We affirm the judgment of the circuit court dismissing defendant’s postconviction petition where postconviction counsel provided reasonable assistance of counsel in compliance with the requirements of Rule 651(c).

¶2 Defendant, Alexander V. Pannell, filed a pro se postconviction petition pursuant to the

Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2016)). Defendant’s first

appointed postconviction counsel adopted and amended defendant’s pro se petition. Shortly

thereafter, defendant’s first postconviction counsel resigned. Following the resignation of

defendant’s first postconviction counsel, defendant was appointed second postconviction counsel,

who adopted and amended defendant’s previous postconviction petition. The State subsequently

moved to dismiss defendant’s amended postconviction petition.

1 ¶3 On March 22, 2022, the trial court conducted a second-stage evidentiary hearing on the

amended petition and took the matter under advisement. On January 23, 2023, the court granted

the State’s motion to dismiss. Defendant now appeals, arguing that postconviction counsel

provided unreasonable assistance of counsel and violated Illinois Supreme Court Rule 651(c) (eff.

July 1, 2017), where counsel failed to support the amended postconviction petition with affidavits

or outside evidence. For the following reasons, we affirm.

¶4 I. BACKGROUND

¶5 On June 9, 2015, the State charged defendant with three counts of predatory criminal sexual

assault of a child, a Class X felony. 720 ILCS 5/11-1.40(a)(1) (West 2014). Following the

withdrawal of the public defender, the trial court appointed a special defender to serve as

defendant’s trial counsel. Trial counsel subsequently filed a motion to withdraw as counsel at

defendant’s request.

¶6 On March 15, 2016, the trial court held a hearing on trial counsel’s motion to withdraw. At

the hearing, defendant stated that he felt that trial counsel was pressuring him to take a plea deal

and also failed to file several motions on defendant’s behalf. Trial counsel responded that he would

be ready to proceed to trial if defendant chose and that he would continue to file appropriate, not

frivolous, motions. After the court informed defendant of his options, defendant ultimately did not

insist on trial counsel’s withdrawal. The court found that, though disagreement existed between

defendant and trial counsel, there was not a sufficient basis for withdrawal. The court denied trial

counsel’s motion to withdraw.

¶7 On August 12, 2016, defendant sent a letter to the trial court complaining of trial counsel’s

representation. Defendant wrote that he felt forced to take a plea by trial counsel because trial

2 counsel told defendant he would be making the “worst *** mistake of [his] life” if he went to trial.

Trial counsel subsequently filed another motion for leave to withdraw.

¶8 On August 25, 2016, the trial court held a hearing on the motion to withdraw. Trial counsel

informed the court that defendant told him the letter was a “mistake.” The court asked defendant

if he wished for trial counsel to remain as his attorney, and defendant responded affirmatively.

Trial counsel withdrew his motion for leave to withdraw. Trial counsel then informed the court

that defendant was ready to plead guilty. The court admonished defendant and defendant

acknowledged that he knowingly, voluntarily, and without coercion by another, wished to plead

guilty. The court then took a 15-minute recess to allow defendant and trial counsel time to discuss

the plea deal. Upon returning, defendant pleaded guilty to one count of predatory criminal sexual

assault of a child. In exchange, the State dismissed the two other counts of predatory criminal

sexual assault of a child, as well as a felony and two misdemeanor charges from separate cases. 1

The court asked defendant if he understood the terms of the deal. Defendant understood.

¶9 The State then provided a brief factual basis for the charges. According to the State, the

evidence and testimony would show that defendant, who was 17 years of age or older at the time

of the offense, committed an act of sexual penetration upon the victim, who was under the age of

13 at the time, when defendant placed his sex organ into the sex organ of the victim. The State

noted that, should the case go to trial, it would call the victim and a Granite City Police detective

who would both testify to the facts of the case. The parties further stipulated to the potential

testimony of the victim’s parents, a forensic interviewer, and a doctor which would collectively

form the evidentiary basis for the instant charges. The court found that defendant freely,

1 As a result of the plea deal, the State dismissed counts II and III of predatory criminal sexual assault of a child in the current case, and dropped the charges of Class 4 felony mob action in 15-CF-1333, Class A misdemeanor domestic battery in 15-CM-68, and Class A misdemeanor battery in 15-CM-69. 3 knowingly, and voluntarily waived his right to a trial and entered a plea of guilty. Pursuant to the

plea deal, the court sentenced defendant to 15 years’ imprisonment, to be served at 85%, followed

by mandatory supervised release ranging from a minimum of 3 years to natural life.

¶ 10 On July 2, 2018, defendant filed a pro se postconviction petition alleging that he was

denied effective assistance of trial counsel. The trial court advanced defendant’s petition to the

second stage and appointed defendant postconviction counsel. First postconviction counsel

adopted defendant’s pro se petition and amended it to further allege ineffective assistance of

counsel. The amended postconviction petition alleged that trial counsel was ineffective because he

failed to file a motion regarding defendant’s fitness and history of mental health issues, did not

interview witnesses or obtain an investigator, did not discuss discovery with defendant, and

pressured defendant to take the State’s plea deal because “the Assistant State’s Attorney was his

‘best friend’s daughter’ and that an example would be made of Defendant should he proceed to

trial.” Postconviction counsel filed a Rule 651(c) certificate. The State filed a motion to dismiss

defendant’s amended postconviction petition. The State alleged that the record refuted defendant’s

“nonfactual and nonspecific assertions” and that defendant voluntarily entered into the plea deal.

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