People v. Jindra
People v. Jindra
Opinion
*866
¶ 1 Following a bench trial, defendant, Paul Jindra, was convicted of two counts of disorderly conduct ( 720 ILCS 5/26-1(a)(1) (West 2014) ) and one count of assault (
id.
§ 12-1(a) ) for an incident involving the "village animal catcher" and one of defendant's cats. The court sentenced defendant to conditional discharge plus a fine and a fee. After defendant was convicted and sentenced, he filed a
pro se
four-sentence motion to reconsider. The only issue raised on appeal is whether the contents of that motion mandated that the court conduct a preliminary inquiry into a claim of ineffective assistance of counsel, consistent with the procedure set forth in
People v. Krankel
,
¶ 2 I. BACKGROUND
¶ 3 Prior to trial, defendant's attorney, Assistant Public Defender Travis Lutz, subpoenaed Brissa Cuthbertson to testify. Cuthbertson appeared for trial on the originally scheduled trial date. However, at the State's request, the trial was continued to a later date. The court informed Cuthbertson that her subpoena was continued to the new date set for trial and issued her a reminder slip for the new date. On the new date set for trial, Cuthbertson failed to appear. Despite Cuthbertson's absence, Lutz did not request a continuance and answered that the defense was ready for trial. Cuthbertson was not mentioned in any witness's testimony.
¶ 4 The court found defendant guilty of all counts, sentenced him to one year of conditional discharge, and ordered him to pay a fine and a fee.
¶ 5 On the same day as sentencing, defendant filed a pro se motion, titled "Motion *103 *867 (To Reconsider)," based on Cuthbertson's nonappearance. In his motion, defendant wrote the following:
"I would like the judge to reconsider this case. the [ sic ] key witness, Brissa Cuphbertson [sic], did not appear in court, nor was her written statement submitted to the judge. The public defender was Mr. Travis Lutz. This eye witness [ sic ] is crucial to this defense."
¶ 6 At the next court date, Lutz was unsure of how to proceed with the case, because defendant had filed a pro se motion and Lutz had subsequently filed a motion for a new trial. Lutz informed the court that he was ready to proceed on the motion for a new trial. The court then reminded defendant that he was represented by counsel, that he was "not to file any pleadings," and that instead he should do so through his counsel. Defendant responded that he understood. The court asked if Lutz would like time to consult with defendant about his motion to reconsider. Lutz responded "yes," that he would speak to defendant, and that, "if that's what we're going to do," Lutz would file a proper motion to reconsider.
¶ 7 When the court set a date to hear the motions, defendant interjected, "That's an important point. New information is supplied by Brissa-Brissa Cuthbertson." The court instructed defendant to speak with his attorney about that, but defendant continued, "Yes. She doesn't care. She'll come tomorrow, if you ask her. She says it was a mistake. She didn't think she was supposed to show up last week." The court again admonished defendant to speak with his attorney.
¶ 8 At the next court date, Lutz addressed the matter of the pro se motion to reconsider. Lutz told the court, "I don't think we're looking to proceed on that in any fashion. I'd rather ask to proceed on the motion for new trial that I had filed." This motion, which did not mention Cuthbertson, was heard and denied. Defendant timely appeals.
¶ 9 II. ANALYSIS
¶ 10 The sole issue on appeal is whether the trial court should have conducted a preliminary inquiry pursuant to Krankel into defendant's alleged claim that he was denied the effective assistance of counsel because of counsel's failure to secure the presence of a key witness and to notify the judge of the witness's statement. Defendant's posttrial motion stated:
"I would like the judge to reconsider this case. the [ sic ] key witness, Brissa Cuphbertson [sic], did not appear in court, nor was her written statement submitted to the judge. The public defender was Mr. Travis Lutz. This eye witness [ sic ] is crucial to this defense."
¶ 11 The State responds that no Krankel inquiry was necessary, because defendant's pro se motion did not make an explicit or clear complaint about counsel's performance. The State maintains that defendant's claim pertained to his belief that Cuthbertson was a necessary witness, with no indication that he was dissatisfied with his counsel.
¶ 12 When a defendant presents a
pro se
posttrial claim of ineffective assistance of counsel, the trial court should conduct an inquiry to examine the factual basis of the claim.
People v. Jolly
,
*868
*104
¶ 13 However, if a defendant does not sufficiently raise an ineffective-assistance claim, he does not trigger the need for the trial court to inquire.
People v. Taylor
,
¶ 14 Recently, the supreme court in
People v. Ayres
,
¶ 15 We must determine therefore whether defendant did enough to trigger the trial court's duty to inquire. In other words, whether defendant brought a clear claim to "the court's attention."
Ayres
,
¶ 16 Defendant never stated, orally or in writing, that counsel was ineffective. Although defendant's motion mentioned his counsel, it is unclear that defendant, in fact, was complaining about counsel. In short, defendant failed to make a clear claim asserting ineffective assistance of counsel sufficient to prompt the court's duty to conduct a Krankel inquiry.
¶ 17 In
People v. Thomas
,
¶ 18 In
Taylor
, the defendant stated during allocution that he did not take a previously tendered plea deal only because " 'I had no idea what I was facing' " and that " 'I would [have] jumped into it with both feet if I knew that I was facing this type of situation.' "
Taylor
,
¶ 19 The same is true in the present case. While defendant did mention counsel in his motion, he did not complain about counsel's performance. Nor did he complain about counsel in his oral statements to the court. "In instances where the defendant's claim is implicit and could be subject to different interpretations, a
Krankel
inquiry is not required."
Thomas
,
¶ 20 We disagree with defendant's suggestion that
People v. Peacock
,
¶ 21 III. CONCLUSION
¶ 22 For the foregoing reasons, the judgment of the circuit court of Stephenson County is affirmed. As part of our judgment, we grant the State's request that defendant be assessed $50 as costs for this appeal. 55 ILCS 5/4-2002(a) (West 2016); see also
People v. Nicholls
,
¶ 23 Affirmed.
Presiding Justice Hudson and Justice Hutchinson concurred in the judgment and opinion.
Reference
- Full Case Name
- PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Paul E. JINDRA, Defendant-Appellant.
- Cited By
- 2 cases
- Status
- Unpublished