People v. Thompson

• Citation: 2022 IL App (4th) 220020 U
• Decision Date: 27 September 2022
• Docket Number: 4-22-0020
• Parties: THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JIMMY THOMPSON, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

2022 IL App (4th) 220020-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
JIMMY THOMPSON, Defendant-Appellant.

No. 4-22-0020

Court of Appeals of Illinois, Fourth District

September 27, 2022

This Order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Peoria County No. 02CF638 Honorable Katherine S. Gorman, Judge Presiding.

JUSTICE ZENOFF delivered the judgment of the court. Presiding Justice Knecht and Justice DeArmond concurred in the judgment.

ORDER

ZENOFF, JUSTICE

¶ 1 Held: The appellate court dismissed the appeal for lack of jurisdiction where defendant did not appeal from the entry of a final judgment or order.

¶ 2 Following a jury trial, Jimmy Thompson, acting pro se, was found guilty of armed robbery (720 ILCS 5/18-2(a)(2) (West 2002)) and sentenced to 30 years' imprisonment. Defendant now appeals from the trial court's order denying his request for second-stage postconviction counsel and allowing him to withdraw his postconviction petition, arguing that the trial court denied his statutory right to postconviction counsel by refusing to appoint counsel. We dismiss this appeal for lack of jurisdiction.

¶ 3 I. BACKGROUND

¶ 4 In July 2002, the State charged defendant with armed robbery (720 ILCS 5/18-2(a)(2) (West 2002). The charge arose out of events occurring on July 6, 2002, in which

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defendant stopped the victim on the street at 11:30 p.m., pulled out a gun, and told the victim, "Give me the stuff," leading the victim to hand defendant $300.

¶ 5 Prior to trial, defendant was represented by the public defender. In January 2003, defendant moved to represent himself, alleging that counsel was not communicating with him or taking actions that defendant desired in connection with the case. The trial court granted defendant's motion to represent himself.

¶ 6 Defendant's trial commenced in January 2003. At the conclusion of trial, the jury found defendant guilty of armed robbery. Prior to the sentencing hearing, defendant filed several motions and letters in the trial court alleging, in relevant part, that he was "mentally unstable," that he heard and saw things that were not there, and that he was unable to represent himself. At the sentencing hearing in March 2003, defendant informed the trial court that the presentence investigation report did not include his pretrial mental health records from "Zeller Zone," a mental health facility. The trial court denied defendant's posttrial motions and sentenced him to 30 years' imprisonment.

¶ 7 Thereafter, at defendant's request, the court appointed the public defender. Defendant's counsel filed an untimely motion to reconsider sentence on June 6, 2003. The trial court considered the motion as if it were timely but ultimately denied it. Counsel filed a notice of appeal on June 11, 2003. However, the Third District of the Illinois Appellate Court later dismissed the appeal on counsel's motion because defendant's motion to reconsider sentence was untimely, and the time for filing a motion to file a late notice of appeal had already expired.

¶ 8 In February 2005, defendant filed a pro se postconviction petition. Defendant alleged, in part, that his counsel was ineffective for failing to perfect his right to a direct appeal. Defendant also alleged that he was incompetent to waive his right to an attorney at trial because

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he was "mentally...