People v. Niffen
People v. Niffen
Opinion
*220 ¶ 1 Defendant, Joseph L. Niffen, is serving a total of 39½ years' imprisonment for unlawful possession of a methamphetamine precursor ( 720 ILCS 646/20(a)(2)(E) (West 2012) ) and anhydrous ammonia ( 720 ILCS 646/25(a)(1) (West 2010) ). He appeals the *1143 *221 summary dismissal of his pro se petition for postconviction relief (see 725 ILCS 5/122-2.1(a) (West 2014) ). In addition, in his brief, he challenges the imposition of fines by the Adams County circuit clerk and the clerk's retention of $1901 of his bond money to cover those purported fines. We find arguable merit in one of the claims of his petition, but we lack subject-matter jurisdiction to review the clerk-imposed fines or the retention of the bond money. Therefore, we merely reverse the summary dismissal and remand this case for further postconviction proceedings.
¶ 2 I. BACKGROUND
¶ 3 On July 19, 2012, defendant entered a negotiated guilty plea to one count of unlawful possession of a methamphetamine precursor ( 720 ILCS 646/20(a)(2)(E) (West 2012) ) in Adams County case No. 12-CF-175 and one count of unlawful possession of anhydrous ammonia ( 720 ILCS 646/25(a)(1) (West 2010) ) in Adams County case No. 11-CF-648. The trial court sentenced him to consecutive terms of 15 years' imprisonment for the methamphetamine precursor and 24½ years' imprisonment for the anhydrous ammonia.
¶ 4 The written sentencing order also included the following: (1) "Court Costs, VCVA [ (Violent Crime Victims Assistance) ], and Penalties," with no listed monetary denominations; (2) a "Crime Lab fee of $100.00" in both cases; (3) an "Assessment (per Cannabis/Controlled Substances Act) of $3000/$1000"; (4) $100 for "Meth"; (5) $5 for "Spinal Cord"; and (6) $1325 restitution.
¶ 5 Also, in "Payment Status Information" sheets in both cases, the circuit clerk imposed the following assessments: $50 for "Court," $100 for "Violent Crime," $10 for "Medical Costs," $10 for "Lump Sum Surcharge," $15 for "Child Advocacy Fee," and $5 for "State Police Ops."
¶ 6 Defendant never filed a motion to withdraw his guilty pleas. Nor did he take a direct appeal.
¶ 7 On July 13, 2015, defendant filed a pro se petition for postconviction relief. One of his claims was that on approximately July 26, 2012, he wrote defense counsel a letter requesting that he file a motion to withdraw his guilty pleas. (As we already have noted, no such motion ever was filed.) In a "Sworn Affidavit," which was attached to his petition, defendant stated:
"1. That while housed at the Graham Correctional Center I sent a letter to my retain [ sic ] counsel requesting that he fil[e] a [m]otion to withdraw my plea. That in the body of my letter I complained about the length of a sentence I had received[,] telling my [a]ttorney that I would have one foot in the graveyard by the time I was released from prison. That also I told my [a]ttorney that the factual basis information was inaccurate and[,] based upon my prior guilty pleas[,] I thought it would be grounds for withdrawing my plea."
¶ 8 On October 2, 2015, by written order, the trial court summarily dismissed the postconviction petition. The court reasoned: "The * * * issue concerning counsel's failure to file a timely motion to withdraw the guilty plea is without merit because [defendant] could have filed the motion pro se and been appointed counsel. Further, the motion[,] even if filed[,] would have been without merit."
¶ 9 II. ANALYSIS
¶ 10 A. The Three Stages of a Postconviction Proceeding
¶ 11 The Post-Conviction Hearing Act (Act) ( 725 ILCS 5/122-1 to 122-7 (West 2014) ) provides a remedy for defendants who have suffered a substantial violation of their constitutional rights at trial.
*1144
*222
People v. Edwards
,
¶ 12 At the first stage, the trial court independently reviews the postconviction petition and decides, within 90 days after its filing, whether "the petition is frivolous or is patently without merit." 725 ILCS 5/122-2.1(a)(2) (West 2014). If the court decides that the petition is frivolous or patently without merit-or, in other words, that it lacks any "arguable basis either in law or in fact" (
People v. Hodges
,
¶ 13 If, within 90 days after the filing of the petition, the trial court does not summarily dismiss it, the petition will advance to the second stage. Defense counsel will be appointed, if necessary (see 725 ILCS 5/122-4 (West 2014) ), and the State will move to dismiss the petition, or else the State will answer it (see
¶ 14 Alternatively, if the petition and its attached documentation make a substantial showing of a constitutional violation, the petition will advance to the third stage for an evidentiary hearing.
¶ 15 B. The First-Stage Issue of Whether Defendant's Pro Se Petition Is Frivolous or Patently Without Merit
¶ 16 In his petition for postconviction relief, defendant claimed that defense counsel rendered ineffective assistance by ignoring a letter from him in which he requested defense counsel to file a motion to withdraw his guilty pleas. For two reasons, the trial court concluded that this claim lacked any potential merit. First, defendant "could have filed the motion
pro se
and been appointed counsel." Second, "the motion[,] even if filed[,] would have been without merit." The State agrees with defendant, and so do we, that those two reasons are inconsistent with
Edwards
,
¶ 17 In
Edwards
, the defendant alleged in his
pro se
postconviction petition that, soon after pleading guilty, he requested defense counsel to file an appeal and that defense counsel failed to do so.
Id. at 242,
¶ 18 If, in Edwards , a defendant who accused his defense counsel of ignoring his request to file a motion to withdraw his guilty plea did not have to provide, at the first stage of the postconviction proceeding, any grounds for withdrawing his guilty plea, it must follow that the same defendant, earlier, in the original proceeding, did not have to file a pro se motion to withdraw his guilty plea, since such a motion would have had to provide grounds for withdrawing his guilty plea (see Ill. S. Ct. R. 604(d) (eff. Aug. 1, 1992) ). Therefore, contrary to the trial court's rationale in the present case, the fact that defendant never filed a pro se motion to withdraw his guilty pleas did not invalidate his claim that defense counsel rendered ineffective assistance by disregarding his request to file a motion to withdraw his guilty pleas.
¶ 19 It would have been, after all, understandable if defendant had relied on defense counsel to comply with his request and had refrained from filing such a motion himself, since we prohibit defendants from filing
pro se
motions while they are represented by counsel, except posttrial motions alleging ineffective assistance, and we instruct trial courts to reject such attempts at "hybrid representation."
People v. Stevenson
,
¶ 20 Although, as the State concedes, the trial court's
reasons
for rejecting this claim at the first stage were erroneous, the State reminds us that we should review the summary dismissal
de novo
, without any deference to the court's reasoning, and that if we can find in the record any valid basis for the summary dismissal, we should affirm it. See
Edwards
,
¶ 21 In
Delton
, the defendant was serving a sentence of imprisonment for the aggravated battery of some police officers.
Delton
,
¶ 22 The defendant in
Delton
argued to the supreme court that it was readily inferable why his petition lacked corroborative documentation: a subpoena was necessary to obtain police disciplinary records.
¶ 23 In
Anderson
, the defendant alleged in his
pro se
postconviction petition that about three weeks after pleading guilty, he sent his attorney a letter stating he wanted to withdraw his guilty plea and that counsel never replied.
Anderson
,
*1147
*225
(Emphases added.)
Id. at 1032,
¶ 24 In the present case, not only in his petition but also in his affidavit, defendant describes the substance of his letter to defense counsel, and he states he sent the letter to defense counsel and that defense counsel never responded. The State objects that the petition and the affidavit lack an indispensable supporting document: a copy of the letter. But the purpose of supporting documentation pursuant to section 122-2 is to "show[ ] that the verified allegations [of the petition] are capable of objective or independent corroboration."
People v. Collins
,
¶ 25 Because the Act does not permit the partial summary dismissal of a postconviction petition, we need not address defendant's additional claim that defense counsel rendered ineffective assistance by representing him while under a conflict of interest. See
People v. Romero
,
¶ 26 C. Clerk-Imposed Fines and Bond Money
¶ 27 Defendant complains of fines that the circuit clerk, as distinct from the trial court, imposed upon him in the "Payment Status Information." Although a circuit clerk can have statutory authority to impose fees, a circuit clerk never has authority to impose fines because a circuit clerk is not a judge and imposing fines as part of a sentence is exclusively a judicial act.
People v. Smith
,
¶ 28 The trouble is, the supreme court recently held as follows:
"The appellate court is constitutionally vested with jurisdiction to review final judgments entered by circuit courts. The recording of a fine is a clerical, ministerial *226 *1148 function and is not a judgment-void or otherwise. Therefore, the improper recording of a fine is not subject to direct review by the appellate court." People v. Vara ,2018 IL 121823 , ¶ 23,425 Ill.Dec 498 ,115 N.E.3d 53 .
In short, the "Payment Status Information" is not part of the trial court's judgment. Therefore, we lack jurisdiction to review it. See
¶ 29 Even so, defendant argues, "a sentencing court's improper delegation of authority to the clerk to [impose a fine]-purporting to give the clerk authority he or she does not have-is an issue that may still be challenged." In this context, defendant refers to the trial court's imposing upon him a violent crime victims assessment in an unspecified amount and leaving it to the circuit clerk to specify the amount. But this issue has nothing to do with the judgment that defendant appeals. He appeals the summary dismissal of his postconviction petition, which contains no mention of the violent crime victims assessment. "A notice of appeal confers jurisdiction on the reviewing court to consider only the judgments or pertinent parts specified in the notice."
People v. Patrick
,
¶ 30 III. CONCLUSION
¶ 31 For the foregoing reasons, we reverse the trial court's judgment and remand this case for further proceedings.
¶ 32 Reversed and remanded.
Justices DeArmond and Turner concurred in the judgment and opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.