People v. Jackson

Decision Date17 November 1970
Docket NumberNo. 42683,42683
Citation265 N.E.2d 622,47 Ill.2d 344
PartiesThe PEOPLE of the State of Illinois, Appellee, v. Stephen R. JACKSON, Appellant.
CourtIllinois Supreme Court

Thomas W. Conklin, Chicago, appointed by the court, for appellant.

William J. Scott, Atty. Gen., Springfield, and Edward V. Hanrahan, State's Atty., Chicago (James B. Zagel, Asst. Atty. Gen., and Robert A. Novelle and Terry Gordon, Asst. State's Attys., of counsel), for the People.

CREBS, Justice.

Defendant Stephen R. Jackson was indicted, along with John Knight, Larry Pruitt and two other men, in the circuit court of Cook County for murder and armed robbery. After the charges had been reduced to voluntary manslaughter and robbery, Jackson, Knight and Pruitt all withdrew their pleas of not guilty and entered pleas of guilty. Jackson was sentenced to the penitentiary for a term of 14 to 20 years and Knight and Pruitt each received a 5-to-20-year sentence.

Jackson thereafter filed a petition under the Post-Conviction Hearing Act (Ill.Rev.Stat.1969, ch. 38, par. 122--1 Et seq.) alleging: (1) that he was denied adequate counsel because his court-appointed attorney also represented a codefendant whose defense was antagonistic to his defense, (2) that his court-appointed counsel did not adequately and competently represent him, (3) that the trial court did not properly and intelligibly admonish him of the significance and consequences of his plea of guilty, (4) that he should have received no greater sentence than his codefendants, (5) that he was coerced into making a confession which resulted in a coerced decision to plead guilty, and (6) that his attorney coerced him into pleading guilty. The post-conviction judge conducted a hearing on whether Jackson was competently represented and whether the plea of guilty was knowingly and intelligently made and then denied the petition. Jackson now appeals to this court pursuant to our Rule 651(a), Ill.Rev.Stat. 110A, § 651(a). 43 Ill.2d R. 651(a).

Defendant testified at the post-conviction hearing that he relied on the advice of his attorney when he entered his plea of guilty to the reduced charges. He said he received the exact sentence he had been promised for his guilty plea and he understood he did not have to plead guilty. When asked how his attorney had coerced the plea, he replied: 'By telling me, if I didn't cop out to a term of 14 to 20, I would be an old man when I got out of prison.'

Defendant's trial counsel was concededly an experienced criminal attorney. Prior to the entry of the plea of guilty, he had moved to sever the trial of Jackson and Knight from that of Pruitt and had moved to suppress a confession by Jackson and Knight. The motion to sever was denied when it was stipulated by the prosecution that a statement by Pruitt would not be used against Jackson or Knight. The hearing on the motion to suppress the confession of Jackson and Knight was pursued for two days and then terminated when the pleas of not guilty were withdrawn and pleas of guilty entered. In explaining why he did not proceed with the motion to suppress, the trial counsel stated: 'The first thing as I recall is that there was a chance to get the murder conviction reduced to manslaughter, and, secondly, it looked as if the manner in which we were proceeding on the motion to suppress, we would have not been able to sustain our motion.'

The trial attorney testified that he told Jackson everything pointed to him as the aggressor or person who struck the fatal blow, that the case looked bad, that it appeared he would get a lot of time if he were found guilty and that he would have to do more time than Knight or Pruitt if they all pleaded guilty. He said he had discussed the case with Jackson, Knight, Pruitt, Pruitt's attorney, the prosecution and the police officers and he had examined the statements given by the defendants, the testimony from a coroner's inquest and the police reports. It was his opinion, and he so advised his client, that if he went to trial for murder he would be convicted and receive a heavier sentence.

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23 cases
  • US ex rel. Del Vecchio v. ILL. DEPT. OF CORR., 90 C 4160.
    • United States
    • U.S. District Court — Northern District of Illinois
    • June 9, 1992
    ...relating to the crime to which he pleaded guilty. See People v. Brown, 41 Ill.2d 503, 244 N.E.2d 159, 160 (1969); People v. Jackson, 47 Ill.2d 344, 265 N.E.2d 622, 625 (1970); People v. Scott, 49 Ill.2d 231, 274 N.E.2d 39, 40 (1971); People v. Stanley, 50 Ill.2d 320, 278 N.E.2d 792, 794 (19......
  • People v. Burton
    • United States
    • Illinois Supreme Court
    • October 1, 1998
    ...defenses or defects. People v. Horton, 143 Ill.2d 11, 22, 155 Ill.Dec. 807, 570 N.E.2d 320 (1991); People v. Jackson, 47 Ill.2d 344, 348, 265 N.E.2d 622 (1970). Once defendant was determined to be fit, he could plead guilty and thereby waive an insanity defense. The circuit court did not er......
  • Del Vecchio v. Illinois Dept. of Corrections
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 19, 1994
    ...Phelps, 51 Ill.2d 35, 280 N.E.2d 203, 204 (1972); People v. Stanley, 50 Ill.2d 320, 278 N.E.2d 792, 794 (1972); People v. Jackson, 47 Ill.2d 344, 265 N.E.2d 622, 624-25 (1970); People v. Stice, 160 Ill.App.3d 132, 112 Ill.Dec. 49, 53, 513 N.E.2d 463, 467 (1987); People v. Owens, 131 Ill.App......
  • Sanchez v. State
    • United States
    • Wyoming Supreme Court
    • June 7, 1988
    ...sub nom. People v. Warr, 54 Ill.2d 487, 298 N.E.2d 164 (1973); People v. Banks, 49 Ill.2d 243, 274 N.E.2d 34 (1971); People v. Jackson, 47 Ill.2d 344, 265 N.E.2d 622 (1970); People v. Bilyeu, 102 Ill.App.3d 130, 57 Ill.Dec. 795, 429 N.E.2d 912 (1981); People v. Placek, 43 Ill.App.3d 818, 2 ......
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