People v. Young

619 N.E.2d 851, 250 Ill. App. 3d 55, 189 Ill. Dec. 150, 1993 Ill. App. LEXIS 1331
Appellate Court of Illinois·Decided September 1, 1993·No. 2-92-0016·Published·Cited by 20 cases

Opinion

JUSTICE QUETSCH

delivered the opinion of the court:

Defendant, Jerry Young, entered a straight plea to the possession of between 30 and 500 grams of cannabis with the intent to deliver, in violation of section 5(d) of the Cannabis Control Act (Ill. Rev. Stat. 1989, ch. 56V2, par. 705(d) (now 720 ILCS 550/5(d) (West 1992))). On appeal he claims that his trial counsel was ineffective for failing to investigate his mental records. According to defendant, such investigation would have revealed that defendant was not competent to enter a guilty plea, or at least it would have revealed a valid defense to the offense charged. Defendant also claims that the trial court abused its discretion when it sentenced him to an extended term of eight years’ imprisonment.

To establish a factual basis for defendant’s plea, the State informed the trial court of the following facts. Officer Gary Govecar of the Lake County Metropolitan Enforcement Group arranged for a confidential informant to purchase marijuana from defendant. On March 12, 1991, defendant exhibited the marijuana to the informant while the two were riding in a car. An officer from the Round Lake police department executed a traffic stop of the car in which defendant and the informant were riding. The officer retrieved the marijuana from under defendant’s seat. Defendant admitted that he intended to sell the marijuana to the informant.

After the trial court admonished defendant of his rights, the trial court asked defendant if his plea had been forced or coerced. Defendant responded in the negative. The trial court then asked defendant if he felt that his attorney had represented him well. Defendant responded in the affirmative. Defendant also confirmed that he had no complaints about his attorney’s performance.

At defendant’s sentencing hearing, the State presented the testimony of Officer Govecar. Govecar testified that a confidential informant contacted the Lake County sheriff’s office with information that defendant was involved in selling marijuana. The informant volunteered to participate in apprehending defendant. On March 6, 1991, the informant introduced defendant to Govecar, who was working undercover. The three men drove together to another location. The informant asked defendant if he had any marijuana, and defendant sold the informant a “baggy” of marijuana for $140. As they were returning to the location where they had met defendant, Govecar and the informant inquired into purchasing a larger quantity of marijuana from defendant. Defendant told the men that he could procure a pound of marijuana within 20 minutes and that he would sell it for $2,000. Govecar and the informant told defendant that they could not obtain that much money until the following day.

On March 7, 1991, Govecar and the informant once again met with defendant. Defendant stated that he did not have the marijuana with him, but that he could get it within 20 minutes. Defendant told Govecar and the informant that they could either pay him the $2,000 in advance and he would procure the marijuana, or they could accompany him when he purchased the marijuana. Govecar rejected both terms.

After the unsuccessful March 7, 1991, transaction, Govecar arranged for the informant to participate in the March 12, 1991, transaction which led to defendant’s arrest. Govecar further testified that the informant had told him after defendant’s arrest that defendant had been under the influence of drugs at the time of the transaction.

The presentence report established that defendant had an extensive criminal history beginning in 1970 when defendant was a juvenile. During the 10 years prior to his arrest in this case, defendant had been convicted three times of burglary, once of battery, once of aggravated battery, twice of theft, once of shoplifting, twice of driving while he was under the influence of alcohol, four times of driving while his license was revoked, once of criminal trespass to a motor vehide, and once of resisting a peace officer. Most recently, in March 1990, defendant was paroled from the Wisconsin Department of Corrections after serving 2½ years of a four-year sentence for burglary and theft. Defendant was on parole when he committed the offense in this case, although he completed his parole without revocation. Defendant never successfully completed any other term of supervision, probation, or parole. In addition, while defendant was free on bond for the instant offense, he tested positive for cannabis.

According to defendant’s presentence report, a 1982 evaluation of defendant by Lake County Mental Health revealed that defendant operated “on a dull-normal level of intellectual functioning,” displayed “an irregular thought process,” and had difficulty thinking abstractly. This evaluation stated that defendant “may be described as evidenting [sic] an antisocial personality disorder.” In addition, defendant was hospitalized for approximately two weeks in 1975 for an “acute psychotic episode.”

Defendant’s probation officer enlisted Dr. John Dunne to perform a current psychiatric evaluation of defendant. According to Dr. Dunne, defendant’s full-scale IQ was 76. This IQ was lower than defendant’s IQ in 1982. Dr. Dunne stated that defendant’s drop in IQ may have reflected “neurological damage stemming from his chronic abuse of alcohol and drugs.” Dr. Dunne observed that defendant’s verbal skills were better than his perceptual organization skills. However, his verbal skills were weak, and at times he had difficulty communicating. Dr. Dunne stated that defendant was not psychotic but seemed to have “significant psychological and emotional problems.” In addition, Dr. Dunne stated that defendant depended on his wife to manage his daily affairs. Dr. Dunne further stated that, despite defendant’s 1982 Lake County mental health evaluation, defendant did not seem to have strong antisocial tendencies, although he did show a “tendency toward impulsiveness.”

Defendant suffered a grand mal seizure in June 1991, approximately three months before he entered his guilty plea.

The presentence report further indicated that defendant had been using drugs and alcohol since his early teens. Defendant was also diagnosed as an alcoholic in 1982. He claims that he stopped drinking and using drugs in 1987. However, he tested positive for marijuana during the pendency of this case. Furthermore, a recent employer of defendant reported that he believed that defendant overdosed on prescription drugs. Defendant’s probation officer stated in the presentence report that she believed defendant continued to use alcohol and drugs despite his denial.

In mitigation, defendant presented the testimony of Martha Rogers, a pretrial services employee. Rogers stated that other than one traffic offense, defendant complied with the terms of his release while he was out on bond during the pendency of his case. Rogers admitted on cross-examination that defendant tested positive for cannabis.

Linnea Cunningham, a friend and neighbor of defendant and his wife, testified regarding defendant’s good moral character. She also testified that she had observed that defendant was good with children and that he did not drink.

Laura Young, defendant’s wife, testified that she had observed changes in defendant since the last time he was in prison.

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People v. Young, 619 N.E.2d 851, 250 Ill. App. 3d 55, 189 Ill. Dec. 150, 1993 Ill. App. LEXIS 1331 (Ill. Ct. App. 1993).

619 N.E.2d 851 (People v. Young) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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