People v. Williams

848 N.E.2d 254, 364 Ill. App. 3d 1017, 302 Ill. Dec. 254, 2006 Ill. App. LEXIS 374
Appellate Court of Illinois·Decided May 5, 2006·No. 4-04-0610·Published·Cited by 39 cases

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In April 1997, defendant, Michael Williams, pleaded guilty to criminal damage to government-supported property (720 ILCS 5/21— 4(l)(a) (West 1996)) in case No. 97 — CF—20 and aggravated battery upon a correctional-institution employee (720 ILCS 5/12 — 4(b)(6) (West 1996)) in case No. 97 — CF—75. In exchange for defendant’s guilty plea, the State agreed to recommend that defendant be sentenced to three years in prison for criminal damage to government-supported property and seven years in prison for aggravated battery, with those sentences to be served consecutively to each other and consecutively to sentences defendant was already serving. The trial court accepted defendant’s guilty plea and sentenced him in accordance with the parties’ agreement.

In June 2004, defendant pro se filed a petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 through 122 — 8 (West 2004)), alleging that in April 1997 (1) he was unfit to plead guilty because he suffered from “several diagnosed mental illnesses” and was “most likely borderline retarded” and (2) he received ineffective assistance of trial counsel in that his counsel failed to (a) inquire as to whether he was competent to plead guilty and (b) request a fitness hearing. The trial court later dismissed defendant’s petition as frivolous and patently without merit (725 ILCS 5/122 — 2.1(a)(2) (West 2004)).

Defendant appeals, arguing that the trial court erred by dismissing his postconviction petition. We disagree and affirm.

I. BACKGROUND

In February 1997, the State charged defendant, who was then an inmate at Pontiac Correctional Center, with criminal damage to government-supported property (720 ILCS 5/21 — 4(l)(a) (West 1996)) (case No. 97 — CF—20). At his March 1997 arraignment, defendant informed the trial court that he understood his rights and the possible penalties. Defendant also requested court-appointed counsel, and the court appointed counsel to represent him. At a hearing later that month, defendant appeared via two-way video, conferred privately with his counsel via a secure video link, and pleaded not guilty. Defendant also informed the court that he did not have any questions about the proceedings.

In April 1997, the State charged defendant with two counts of aggravated battery upon a correctional-institution employee (720 ILCS 5/12 — 4(b)(6) (West 1996)) (case No. 97 — CF—75), alleging that defendant stabbed a correctional officer. Later that month, defendant appeared in court and the trial court appointed counsel to represent him in that case. At that same hearing, the parties presented written plea agreements in case Nos. 97 — CF—20 and 97 — CF—75, signed by defendant. According to the agreements, defendant agreed to plead guilty to criminal damage to government-supported property and aggravated battery upon a correctional-institution employee. In exchange, the State agreed to recommend that defendant be sentenced to three years in prison for criminal damage to government-supported property and seven years in prison for aggravated battery, with those sentences to be served consecutively to each other and consecutively to sentences defendant was already serving.

The State provided the following factual basis for defendant’s guilty pleas. In case No. 97 — CF—20, on October 30, 1996, defendant, who was then a Pontiac inmate, knocked a hole in a wall and damaged a toilet and sink, resulting in damage totaling $1,173. Defendant admitted causing the damage because he was dissatisfied with the condition of his cell. In case No. 97 — CF—75, on February 16, 1997, a correctional officer entered defendant’s cell to retrieve an article of clothing. Defendant stabbed the officer in the abdomen with a six- to eight-inch piece of metal. The correctional officer was hospitalized overnight and required surgery on his wound.

The trial court accepted the State’s factual bases. The court also fully admonished defendant, outlined the terms of the plea agreements, and informed defendant of the possible penalties. Defendant informed the court that he understood the nature of the charges against him and the possible penalties and he had signed the plea agreements of his own free will. The court determined that defendant was knowingly and voluntarily pleading guilty and accepted defendant’s guilty pleas. The court then entered judgment on one count of aggravated battery (causing bodily harm to a correctional-institution employee) and criminal damage to government-supported property and sentenced defendant in accordance with the parties’ agreement

Defendant did not file a posttrial motion or a direct appeal. However, in June 2004, he pro se filed a postconviction petition, alleging that (1) he was unfit to plead guilty because he (a) suffered from “several diagnosed mental illnesses,” (b) had “an extremely low” intelligence quotient (IQ), and (c) was “most likely borderline retarded”; and (2) he received ineffective assistance of trial counsel in that his counsel failed to (a) inquire as to whether defendant was “mentally competent enough and in a normal state of mind” to plead guilty and (b) request a fitness hearing.

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People v. Williams, 848 N.E.2d 254, 364 Ill. App. 3d 1017, 302 Ill. Dec. 254, 2006 Ill. App. LEXIS 374 (Ill. Ct. App. 2006).

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