People v. Jackson , 2022 IL App (5th) 200042-U ( 2022 )

2022 IL App (5th) 200042-UNOTICE
NOTICE
Decision filed 10/14/22. The
This order was filed under
text of this decision may be NO. 5-20-0042
Supreme Court Rule 23 and is
changed or corrected prior to
not precedent except in the
the filing of a Petition for IN THE limited circumstances allowed
Rehearing or the disposition of
under Rule 23(e)(1).
the same.
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Jackson County.
)
v. ) No. 16-CF-466
)
JUWAN K. JACKSON, ) Honorable
) Ralph R. Bloodworth III,
Defendant-Appellant. ) Judge, presiding.
______________________________________________________________________________
JUSTICE CATES delivered the judgment of the court.
Justices Welch and Barberis concurred in the judgment.
ORDER
¶1 Held: Remand for compliance with Illinois Supreme Court Rule 604(d) is not
required where the defendant presented evidence and argument in support of
his postplea claims at a hearing on the defendant’s amended motion to
withdraw guilty plea, and counsel was not ineffective in presenting such claims.
¶2 The defendant, Juwan K. Jackson, and codefendant, Cortez Turner, were charged with
multiple offenses in connection with the shooting and death of Detrick Rogers on October 24,
2016. The defendant and Turner were charged with three counts of first degree murder (720 ILCS
5/9-1(a)(1), (2), (3) (West 2016)) (counts I through III), one count of aggravated discharge of a
firearm (720 ILCS 5/24-1.2(a)(1) (West 2016)) (count IV), and one count of conspiracy to commit
aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(1) (West 2016)) (count V). Turner’s case
was subsequently severed from the defendant’s case. At a bench trial in December 2018, Turner
1
was found guilty of two counts of first degree murder, aggravated discharge of a firearm, and
conspiracy to commit aggravated discharge of a firearm. The third count of first degree murder
was dismissed at trial.
¶3 On May 23, 2019, the defendant pled guilty to one count of first degree murder and was
sentenced to 20 years in the Illinois Department of Corrections (IDOC) pursuant to a plea
agreement with the State. The defendant subsequently filed a pro se motion to withdraw guilty
plea and vacate sentence. Postplea counsel was appointed to represent the defendant, and counsel
filed an amended motion to withdraw guilty plea. Following a hearing, the circuit court denied the
defendant’s motion. The defendant appeals, arguing that postplea counsel failed to strictly comply
with Illinois Supreme Court Rule 604(d) (eff. July 1, 2017), or, in the alternative, that postplea
counsel was ineffective in presenting the defendant’s claim that he had a defense worthy of
consideration. For the following reasons, we affirm.
¶4 I. BACKGROUND
¶5 On October 24, 2016, at approximately 1:32 a.m., law enforcement responded to a call of
“shots fired” at the intersection of South 20th Street and Shomaker Drive in Murphysboro, Illinois.
Officers responded and found Detrick Rogers, who had been shot. Detrick was lying in the yard
of 1936 Shomaker Drive. Witnesses initially reported hearing 30-40 gunshots and several shell
casings were located at the intersection. Officers were told that the suspects were in a black Lincoln
passenger car that drove behind a house located at 620 S. 20th Street. Responding officers located
the Lincoln, which was “warm to the touch.” An assault rifle was also found in a brush pile a few
yards away from the Lincoln. Several items, including a black pistol case, were recovered from
the Lincoln. The Lincoln was owned by an individual named Darrion Jarrett, who indicated the
defendant was in control of the car at the time of the shooting.
2
¶6 The officers’ investigation revealed the following additional facts. A short time after
hearing the gunshots, Patyce Houston, who lived at 620 S. 20th Street, stated that the defendant
“banged on her door” and demanded entry to the residence. The defendant told Houston that
something bad had happened and demanded a ride away from the area. Houston obliged and, after
she dropped the defendant off, the defendant grabbed Houston’s wrist and told her, “you *** did
not see me.” The defendant stated that he “f*** up,” and that “they shot at [the defendant] first.”
The defendant indicated that he thought he killed someone but “did not mean to.”
¶7 During the investigation, the officers also learned that the defendant, Turner, and two other
individuals were in a white Kia during the shooting and that the defendant was in the front
passenger seat of the car. Potential gunshot residue, three .223-caliber shell casings, and one .357-
caliber shell casing were recovered from the Kia. Officers also learned that Turner was injured
during the shooting and suffered a gunshot wound to his left thigh.
¶8 As a result of the investigation, the defendant, and later Turner, were indicted with the
aforementioned offenses in connection with the shooting of Detrick. During the pendency of his
case, the defendant retained plea counsel to represent him. Prior to the defendant’s plea in this
case, plea counsel filed two notices of affirmative defenses which indicated that the defendant
intended to assert the following defenses: self-defense, the defense of others, and prevention of a
forcible felony. Plea counsel also filed multiple answers to discovery that disclosed potential
defense witnesses. Two of the disclosed witnesses were Linda Castillo and Latoya Rogers. An
investigator working for plea counsel obtained a written statement from Castillo and drafted a
memorandum of the investigator’s interview with Latoya, who was uncomfortable with reducing
her statement to writing. These documents were attached to the answers to discovery filed by plea
counsel.
3
¶9 Castillo’s written statement provided as follows. Castillo stated that an individual named
Cleophus Gaines told Castillo that Gaines was at an IHOP in Marion, Illinois, with Emmanuel
Shanklin and Terry Rogers. The defendant and some of his friends were also at the IHOP. Gaines
stated that Terry and the defendant exchanged words, and Terry slapped the defendant in the face.
Gaines, Terry, and Shanklin left the IHOP and went to Shanklin’s house. According to Gaines, he,
Terry, and Detrick were standing outside of Shanklin’s house when Gaines saw the defendant’s
car “creeping” down the road. Gaines stated that when the defendant’s car was in front of
Shanklin’s house, Terry began shooting at the defendant, and the defendant returned fire. Gaines
saw Detrick fall, and the defendant sped off. Gaines indicated that Terry gave his firearm to
Shanklin and instructed him to get rid of it. Shanklin drove away on his motorcycle with the gun.
Terry then ran to Lakeisha Rogers’ home and demanded a new pair of clothing. Terry instructed
Lakeisha to get rid of his clothing, which had blood on them. Gaines told Castillo that Gaines
believed Terry got rid of his clothes and the gun because he accidentally shot Detrick. Gaines
indicated that he and his friends had consumed “lean” 1 at the time of the shooting.
¶ 10 The investigator’s memorandum of Latoya’s interview provided as follows. The defendant
was the father of one of Latoya’s sons, and Detrick was her uncle. Latoya reported that she was at
the home of Quantella Priget when Quantella’s sister, Devanna Priget, arrived at the house.
Devanna was upset and told Latoya and Quantella that after Detrick was shot, Terry came to her
house with blood on his clothing. Devanna stated that Terry cleaned himself up, threw “some stuff”
in the trash, and then returned to where Detrick was shot. Latoya also reported that prior to the
shooting, she had overheard a conversation between Shanklin and Terry about robbing the
defendant. Latoya indicated that “word on the street” was that Terry accidentally shot Detrick.
1
Lean is a mixture of cough syrup containing codeine and promethazine mixed with a soft drink.
4
According to Latoya, Terry had tried talking with her about the night of the shooting, but Latoya
always “shut him off” because she did not want to know about the shooting.
¶ 11 In addition to the affirmative defenses, plea counsel also filed a motion to disqualify Gaines
as a witness, challenging his competency to testify. Plea counsel attached an excerpt of Gaines’s
testimony from Turner’s trial and a psychological evaluation performed on Gaines in an unrelated
case. The excerpt from Turner’s trial provided that Gaines admitted to consuming “lean” and
cocaine prior to the shooting, but testified that he could see the defendant “clear as day” in the
front seat of the car, hanging out the window with two pistols. The circuit court denied the
defendant’s motion, noting that it was present for Gaines’s testimony at Turner’s trial.
¶ 12 During a pretrial hearing on “all pending matters” the parties informed the circuit court that
they had reached a fully negotiated plea agreement. In exchange for the defendant’s plea of guilty
to first degree murder, the State recommended the defendant be sentenced to 20 years’
imprisonment. The State agreed to dismiss the remaining charges as well as other unrelated charges
pending against the defendant for two aggravated battery offenses and filing a false report.
¶ 13 The circuit court advised the defendant as to the charge he was pleading guilty to and the
applicable range of punishment. The trial court also reviewed the terms of the plea agreement and
confirmed the defendant did not have any questions. The defendant indicated that he did not need
any additional time to talk with his attorney. The circuit court admonished the defendant of his
right to a trial by judge or jury and that the State would be required to prove the defendant guilty
beyond a reasonable doubt. The circuit court advised the defendant that he had the right to cross-
examine, challenge, and confront the State’s witnesses at trial and that the defendant had the right
to present evidence on his own behalf. The circuit court further advised the defendant that he had
the right to remain silent. The defendant indicated that he understood his rights and that by pleading
5
guilty, he was giving up those rights. In addition to the circuit court’s admonishments on the
record, the defendant also signed a plea of guilty form. This form provided that the defendant
understood that he was giving up his rights to a trial, to confront witnesses, and to subpoena
witnesses on his behalf. The plea of guilty form further provided that no threats or promises, other
than the plea agreement, had been made to cause the defendant to plead guilty. The circuit court
confirmed that the defendant had read, signed, and understood the form and did not have any
questions about it. Upon further questioning by the circuit court, the defendant indicated that he
wished to plead guilty and that no one had forced or threatened him into making the decision.
¶ 14 The State then provided the circuit court with a factual basis for the plea. The defendant,
acting with others, and while armed with a .223-caliber semiautomatic rifle and a .380-caliber
pistol, left a home located at 1906 Shomaker Drive in a car. The car drove slowly west in the
direction of 1936 Shomaker Drive where Detrick was standing. As the car approached 1936
Shomaker Drive, a volley of shots was fired from the car, and the defendant participated in the
shooting. The incident was recorded by a home video recording. Multiple shell casings, including
.380 and .223 calibers, were found on Shomaker Drive and 20th Street, the street adjacent to 1936
Shomaker Drive. Detrick died as a result of a gunshot wound to the head. He was struck with a
.22-caliber bullet which was “consistent with the .223 caliber gun that the defendant was armed
with.” The circuit court accepted, and plea counsel stipulated to, the factual basis for the plea.
¶ 15 After the State recited the factual basis, the parties waived the preparation of a presentence
investigation report. The circuit court confirmed that the defendant did not have any questions for
the court and that the defendant wished for the court to accept his guilty plea. The circuit court
again confirmed that no one had threatened or forced the defendant to plead guilty. The circuit
court accepted the defendant’s plea and sentenced him to 20 years in the IDOC followed by 3 years
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of mandatory supervised release. The circuit court then advised the defendant that he may file a
motion to withdraw his plea within 30 days and that if the motion was denied, he may appeal such
denial.
¶ 16 The defendant subsequently filed a pro se motion to withdraw guilty plea and vacate
sentence. In this motion, the defendant alleged that he was not fully advised of his appeal rights
that he gave up by pleading guilty. The defendant further alleged that plea counsel inadequately
represented him and coerced him into pleading guilty. The defendant indicated that he wished to
have a jury trial. Plea counsel filed a motion to withdraw as the defendant’s attorney. Following a
hearing, the circuit court allowed plea counsel to withdraw and appointed postplea counsel to
represent the defendant.
¶ 17 Postplea counsel filed an amended motion to withdraw guilty plea and vacate sentence on
behalf of the defendant. In the amended motion to withdraw guilty plea, the defendant contended
that he pled guilty because of a misapprehension of facts, there was doubt as to his guilt, he had a
defense worthy of consideration, and the ends of justice would be served by holding a trial. The
defendant claimed that he did not knowingly and voluntarily enter his plea of guilty and alleged
plea counsel provided ineffective assistance.
¶ 18 The defendant alleged, among other things, that he was innocent and regretted not
exercising his right to a trial. In support of his ineffective assistance of counsel claim, the defendant
alleged plea counsel failed to investigate the evidence and valid defenses to the charges against the
defendant. Specifically, the defendant argued that Castillo and Latoya were two witnesses who
would have provided exculpatory evidence on the defendant’s behalf.
¶ 19 Postplea counsel field a certificate pursuant to Illinois Supreme Court Rule 604(d) (eff.
July 1, 2017). Postplea counsel certified that he had consulted with the defendant to ascertain his
7
contentions of error, examined the trial court file and report of proceedings of the plea of guilty
and sentencing, and made any amendments that were necessary for the adequate presentation of
any defects in those proceedings.
¶ 20 At a hearing on the defendant’s amended motion to withdraw guilty plea and vacate
sentence, both plea counsel and the defendant testified. Plea counsel testified that he reviewed the
discovery with the defendant between 5 and 15 times. Plea counsel estimated that he spent over
60 hours working on the defendant’s case. Plea counsel testified that he discussed strategies with
the defendant on multiple occasions. Plea counsel stated that the main theory of the case was self-
defense and attacking the credibility of the State’s witnesses. In investigating the case, plea counsel
hired an investigator who obtained statements from Castillo and Latoya. Plea counsel indicated
that he believed he shared these statements with the defendant and had considered their statements
as part of counsel’s trial strategy. Plea counsel believed Castillo would make a good rebuttal
witness as to whether the defendant shot first but did not believe that Castillo’s statement “would
have made or broke the case.” Plea counsel was aware that Gaines would testify that the defendant
shot first. Plea counsel also believed Latoya was an important witness who could have helped the
defendant’s case. Plea counsel stated that Latoya’s statement would have helped show that Terry
may have been responsible for the shooting.
¶ 21 In plea counsel’s opinion, however, the State had a strong case against the defendant. Plea
counsel noted that the State had substantial ballistic evidence and recovered an AR-15 style rifle
from near the house of the mother of the defendant’s children. A photograph recovered from an
iPad in the Lincoln depicted the defendant holding a gun that fit the description of the AR-15 style
rifle recovered in this case. There were also witnesses who would have implicated the defendant,
two individuals standing near Detrick when he was shot and neighbors who identified an individual
8
that fit the defendant’s description. The State also had a video recording of the incident. Plea
counsel indicated that the video was not good quality. Plea counsel confirmed, however, that the
video corroborated Gaines’s potential testimony and that it was considered when advising the
defendant as to whether he should plead guilty. Plea counsel told the defendant it was unlikely that
he would be acquitted based on self-defense and that the more likely outcome would have been
second degree murder based upon an unreasonable belief of self-defense.
¶ 22 Plea counsel testified that he did not tell the defendant he had no other option than to plead
guilty and that it was the defendant’s decision to plead guilty. Plea counsel further testified that he
was prepared for trial and “loved trials.” Plea counsel advised the defendant to accept the State’s
plea because plea counsel believed it was in the defendant’s best interest. If plea counsel thought
the defendant could have prevailed at trial, plea counsel would have told the defendant so.
¶ 23 The defendant testified that plea counsel had talked with the defendant about self-defense
and the fact that Castillo and Latoya had been interviewed, but not in detail. The defendant stated
that he never saw the statements the investigator obtained from Castillo or Latoya. The defendant
claimed that had he seen the statements, he would have changed his mind about pleading guilty.
¶ 24 Postplea counsel argued that the defendant maintained his innocence and that plea counsel
had testified that his trial strategy was self-defense. Postplea counsel noted that Castillo and Latoya
provided information that someone shot at the defendant first and that there was a plan to rob the
defendant. Postplea counsel argued that this factored into a self-defense claim. Postplea counsel
asserted that plea counsel did not consider these statements in his trial strategy. Postplea counsel
contended the defendant had a valid self-defense claim and that the ends of justice would be served
by allowing the defendant to have a trial.
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¶ 25 After hearing the State’s argument, the circuit court noted that the record spoke for itself
and that it had considered the transcripts of “various court hearings” as well as the testimony of
plea counsel and the defendant. The circuit court indicated that it had considered every issue raised
by the defendant in his amended motion to withdraw guilty plea. The circuit court specifically
indicated that it had considered the issue concerning Castillo and Latoya as potential witnesses.
The circuit court found that there was no misapprehension of facts, no reasonable doubt as to the
defendant’s guilt, no defense worthy of consideration, and that the ends of justice would not be
served by holding a trial in this case. The circuit court also found that the defendant had not shown
plea counsel was ineffective. The circuit court denied the defendant’s amended motion to withdraw
guilty plea. This appeal follows.
¶ 26 II. ANALYSIS
¶ 27 The defendant contends that postplea counsel failed to strictly comply with Illinois
Supreme Court Rule 604(d) (eff. July 1, 2017), or, in the alternative, that counsel was ineffective
in presenting the defendant’s claim that he had a defense worthy of consideration. Rule 604(d) sets
forth the procedure to be followed when a defendant wishes to appeal from a judgment entered
upon a plea of guilty. People v. Curtis, 2021 IL App (4th) 190658, ¶ 29. Rule 604(d) provides, in
relevant part, as follows:
“No appeal from a judgment entered upon a plea of guilty shall be taken unless the
defendant, within 30 days of the date on which sentence is imposed, files in the trial court
*** a motion to withdraw the plea of guilty and vacate the judgment.
***
The motion shall be in writing and shall state the grounds therefor. When the motion
is based on facts that do not appear of record it shall be supported by affidavit ***. ***
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*** The defendant’s attorney shall file with the trial court a certificate stating that
the attorney has consulted with the defendant either by phone, mail, electronic means or in
person to ascertain defendant’s contentions of error in the sentence and the entry of the
plea of guilty, has examined the trial court file and both the report of proceedings of the
plea of guilty and the report of proceedings in the sentencing hearing, and has made any
amendments to the motion necessary for adequate presentation of any defects in those
proceedings.” Ill. S. Ct. R. 604(d) (eff. July 1, 2017).
¶ 28 Counsel’s certificate must strictly comply with Rule 604(d). Curtis, 2021 IL App (4th)
190658, ¶ 30. If the certificate does not strictly comply with the rule, a reviewing court must
remand the case for the filing of a new motion and a new hearing on the motion. People v. Janes,
158 Ill. 2d 27, 33 (1994). Where counsel filed a facially valid certificate, we may consult the record
to determine whether counsel fulfilled his or her obligations under the rule. People v. Bridges,
2017 IL App (2d) 150718, ¶ 8.
¶ 29 Leave to withdraw a guilty plea is not granted as a matter of right, and, instead, the
defendant must show a manifest injustice under the facts involved. Curtis, 2021 IL App (4th)
190658, ¶ 31. Withdrawal of a guilty plea is appropriate where the plea was entered through a
misapprehension of the facts or of the law, where there is doubt as to the defendant’s guilt, where
the defendant has a defense worthy of consideration, or where the ends of justice will be better
served through a trial. People v. Davis, 145 Ill. 2d 240, 244 (1991). A guilty plea may also be
withdrawn where plea counsel gives the defendant inadequate advice prior to entering the plea.
Curtis, 2021 IL App (4th) 190658, ¶ 31.
¶ 30 Here, postplea counsel filed a facially valid Rule 604(d) certificate. The defendant argues,
however, that the record refutes postplea counsel’s assertion that he made any necessary
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amendments to the pro se motion to withdraw guilty plea for the adequate presentation of the
defects in the guilty plea proceedings. Specifically, the defendant argues that postplea counsel
failed to support the allegation that the defendant had a defense worthy of consideration with any
evidence, documents, or affidavits. The defendant further argues that postplea counsel failed to
develop the defendant’s claims beyond mere conclusory allegations.
¶ 31 In the amended motion to withdraw guilty plea, postplea counsel included claims that there
was doubt as to the defendant’s guilt and that he had a defense worthy of consideration. The
amended motion contained allegations that the defendant maintained his innocence and regretted
not exercising his right to a jury trial. The amended motion also contained an allegation, albeit
under a claim of ineffective assistance of counsel, that Castillo and Latoya were two witnesses
who would have provided exculpatory evidence on the defendant’s behalf. Postplea counsel did
not attach any affidavits or other supporting documents to the amended motion.
¶ 32 Castillo’s written statement and a summary of Latoya’s statement were, however, part of
the record in this case. Furthermore, at the hearing on the defendant’s amended motion to withdraw
guilty plea, plea counsel testified that the theory of the defendant’s case was self-defense 2 and to
attack the credibility of the State’s witnesses. Plea counsel further testified that he believed Castillo
would have made a good rebuttal witness on the issue of whether the defendant shot first. Plea
counsel also believed Latoya was an important witness because her statement indicated that Terry
may have been responsible for the shooting. Despite this, plea counsel, after considering the State’s
2
A person is justified in the use of force in self-defense against another when and to the extent that
he reasonably believes that such conduct is necessary to defend himself against another’s imminent use of
unlawful force. 720 ILCS 5/7-1(a) (West 2018). The use of force that is intended or likely to cause death
or great bodily harm is justified only where the person reasonably believes that such force is necessary to
prevent imminent death or great bodily harm to himself, or another, or the commission of a forcible felony.
720 ILCS 5/7-1(a) (West 2018). A person may not claim self-defense if the person was an aggressor. People
v. Martinez, 2019 IL App (2d) 170793, ¶ 70; 720 ILCS 5/7-1(b) (West 2018).
12
evidence against the defendant, apparently believed it was unlikely the defendant would have been
acquitted based upon self-defense and advised the defendant as such.
¶ 33 Postplea counsel argued that the defendant could have asserted self-defense at trial and
noted that Castillo and Latoya provided information that someone shot at the defendant first and
that there had been a plan to rob the defendant. The circuit court indicated that it had considered
the evidence and arguments presented, including the issue regarding the statements of Castillo and
Latoya and whether there was a possible defense and a reason for the case to proceed to trial. Thus,
the defendant’s postplea claim that he had a defense worthy of consideration was based on the
record and more fully developed at the hearing on the amended motion to withdraw guilty plea.
¶ 34 Relying on Bridges and People v. Winston, 2020 IL App (2d) 180289, the defendant
contends that remand is necessary for strict compliance with Rule 604(d). In Bridges, postplea
counsel amended the defendant’s pro se motion to withdraw guilty plea to include detailed
allegations that his plea was coerced because threats had been made against his mother and that
his plea was not intelligently made due to issues with his mental health and not receiving the proper
medication. Bridges, 2017 IL App (2d) 150718, ¶ 2. No affidavits supporting the allegations were
attached to the amended motion. Bridges, 2017 IL App (2d) 150718, ¶ 2. Plea counsel filed a
certificate of compliance with Rule 604(d). Bridges, 2017 IL App (2d) 150718, ¶ 2. The Second
District noted that these allegations were not supported by the record, and, thus, postplea counsel
was required to support the allegations by affidavit. Bridges, 2017 IL App (2d) 150718, ¶ 9. The
Second District further noted that postplea counsel not only failed to attach an affidavit, but also
failed to present the defendant’s testimony or any other evidence in support of the defendant’s
motion. Bridges, 2017 IL App (2d) 150718, ¶ 9. As a result, the trial court had no basis for deciding
the motion other than its own recollection of the defendant’s demeanor during the plea
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proceedings. Bridges, 2017 IL App (2d) 150718, ¶ 9. The Second District also found that the
hearing on the motion failed to satisfy Rule 604(d) because postplea counsel did not offer any
argument or evidence in support of the motion. Bridges, 2017 IL App (2d) 150718, ¶¶ 10-11.
¶ 35 In Winston, plea counsel filed an amended motion to withdraw guilty plea alleging that the
defendant’s plea was involuntary because the defendant was unaware that a felony conviction
would have adverse consequences on her educational and employment opportunities. Winston,
2020 IL App (2d) 180289, ¶ 3. The amended motion further claimed that the defendant entered the
plea under duress. Winston, 2020 IL App (2d) 180289, ¶ 3. Plea counsel also filed a certificate of
compliance with Rule 604(d). Winston, 2020 IL App (2d) 180289, ¶ 4. At a hearing on the motion,
plea counsel argued the evidence against the defendant was insufficient, and the defendant had
given testimony to that effect. Winston, 2020 IL App (2d) 180289, ¶¶ 4-5, 15. This claim was not
included in the defendant’s amended motion to withdraw guilty plea. At the hearing, postplea
counsel attempted to admit four handwritten statements to support this claim. Winston, 2020 IL
App (2d) 180289, ¶¶ 8. The State objected, and the circuit court refused to admit the statements,
offering postplea counsel an opportunity to continue the hearing to bring in witnesses. Winston,
2020 IL App (2d) 180289, ¶ 9. Postplea counsel declined the circuit court’s invitation, stating that
the statements were similar to what the defendant had testified to. Winston, 2020 IL App (2d)
180289, ¶ 9. The circuit court denied the motion to withdraw guilty plea, reasoning that, despite
having the opportunity to present evidence to support her claim, the defendant had not done so.
Winston, 2020 IL App (2d) 180289, ¶ 10.
¶ 36 Winston and Bridges are readily distinguishable from the case sub judice. In the
defendant’s case, Castillo’s written statement and a memorandum summarizing Latoya’s
statement were part of the record. Furthermore, the defendant developed his claims at a hearing at
14
which plea counsel testified about self-defense as a trial strategy and how the statements of Castillo
and Latoya factored into such a defense. There is no indication in the record, as in Winston, that
the circuit court refused to consider the statements of Castillo and Latoya. Finally, postplea counsel
argued that self-defense was a defense worthy of consideration and that the interest of justice
would be served by allowing the defendant to have a trial.
¶ 37 In this case, despite any alleged inadequacy in the amended motion to withdraw guilty plea,
postplea counsel developed the defendant’s claims at the hearing on the amended motion and made
argument as to why the defendant had a defense worthy of consideration. See, e.g., Curtis, 2021
IL App (4th) 190658, ¶ 39 (finding that counsel “in essence” presented, at a hearing on the motion
withdraw guilty plea, the circuit court with the claims the defendant argued were absent from the
amended motion), appeal denied, 183 N.E.3d 902 (Nov. 24, 2021) (table); People v. Kocher, 2021
IL App (4th) 200610-U, ¶ 1 (holding that remand for compliance with Rule 604(d) was not
required because during a “full and fair hearing” on the defendant’s motion to withdraw guilty
plea, the circuit court received evidence related to the defendant’s allegations of error, and the
evidence showed that the defendant could not establish a claim of ineffective assistance of counsel
under the circumstances). Accordingly, we find that remand is not required in the present case.
¶ 38 Next, the defendant contends that postplea counsel provided ineffective assistance because
counsel failed to adequately present the defendant’s claim that he had a defense worthy of
consideration and that the record supports such a claim. To establish a claim of ineffective
assistance of counsel, the defendant must prove that counsel’s performance was deficient and that
such deficient performance prejudiced the defendant. Strickland v. Washington, 466 U.S. 668, 687
(1984). To prove prejudice, the defendant must show that there is a reasonable probability that,
but for counsel’s deficient performance, the result of the proceedings would have been different.
15
Strickland, 466 U.S. at 694. A reasonable probability is a probability that is sufficient to undermine
confidence in the outcome. People v. Smith, 195 Ill. 2d 179, 188 (2000). If a defendant cannot
prove prejudice, the reviewing court need not determine whether counsel’s performance was
deficient. Smith, 195 Ill. 2d at 188.
¶ 39 The defendant argues that the record contained evidence that he had a viable claim of self-
defense and that he was not the initial aggressor. The defendant asserts the record contained the
following evidence that led up to the shooting incident: (1) a dispute existed between the defendant
and Gaines’s family; (2) a plan to rob the defendant; (3) Terry slapping the defendant; (4) Terry
driving past the defendant on a motorcycle and making a shooting motion with his hand; and (5) an
alleged statement by Gaines that Terry shot at the defendant first.
¶ 40 Here, the record shows that the defendant cannot prove prejudice. The allegations of a plan
to rob the defendant, Terry slapping the defendant, and Terry shooting at the defendant first were
all part of Castillo and Latoya’s statements. As stated above, the circuit court indicated that it had
considered the issue of the statements provided by Castillo and Latoya as well as whether the
defendant had a defense. Furthermore, during the hearing, plea counsel testified that there were
witnesses who would have implicated the defendant —two individuals standing near Detrick when
he was shot and neighbors who identified an individual who fit the defendant’s description. We
note that, at Turner’s trial, Gaines testified that although he had consumed cocaine and “lean,” he
observed the defendant in the front seat of the vehicle, hanging out of the window with two pistols.
Plea counsel acknowledged that Gaines would have testified that the defendant shot first. Plea
counsel also acknowledged that the video recording would have corroborated Gaines’s potential
testimony and that he considered this when he advised the defendant of the consequences of
pleading guilty.
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¶ 41 Finally, the circuit court’s statements during Turner’s sentencing hearing are telling. 3
There, the circuit court stated that the evidence in Turner’s case showed that there were four people
in the car and that everyone was “loaded for bear, including somebody with an assault-style rifle.”
The circuit court further stated that the occupants of the car were “ready to commit something that
should not have been done.” As to the video recording, the circuit court recalled that “[t]he video
showed the car backing out of the driveway, driving down the street, gun fire erupting, pulling
around the block, returning near that house ***.” The circuit court also recalled that the video
showed shots were “fired back from that house.” Thus, considering the record in this case, we do
not find that the defendant could show that he was prejudiced by any alleged deficient performance
on the part of postplea counsel.
¶ 42 For the foregoing reasons, we affirm the circuit court’s judgment denying the defendant’s
amended motion to withdraw guilty plea.
¶ 43 Affirmed.
3
The sentencing hearing for Turner’s case is a part of the record on appeal. The same judge presided
over both Turner’s and the defendant’s cases.
17