2018 IL App (2d) 160562
Ill. App. Ct.2019Background
- Defendant Daniel Acevedo was indicted for unlawful possession of a weapon by a felon and related charges after a traffic stop where an officer observed a sawed-off shotgun in a vehicle; a shotgun was later recovered near the stop. The State identified passenger Lorena Montes as a witness. The obstructing-justice charge was dismissed pretrial.
- Defense counsel contemporaneously represented Montes (a potential State witness) in a separate pending misdemeanor case, creating a per se conflict of interest. The State alerted the court the morning trial began and said it intended to call Montes.
- The trial court asked Acevedo whether he had discussed the conflict with counsel and whether he wished to waive it; Acevedo said he had discussed it and elected to proceed with the same lawyer. The court found the waiver knowing and voluntary.
- At trial the jury convicted Acevedo of unlawful possession of a weapon by a felon and related counts (acquitted on one ammunition charge). He was sentenced to 11 years’ imprisonment and timely appealed.
- The sole preserved appellate contention the court reached was that Acevedo did not knowingly waive his right to conflict-free counsel; he also raised, alternatively, that certain fees were improperly assessed (the court did not reach the fee claim).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Acevedo knowingly waived his right to conflict-free counsel when his attorney contemporaneously represented a State witness | The State: the court and counsel adequately informed Acevedo of the conflict; waiver was knowing and voluntary | Acevedo: the record does not show he was advised of the significance/ramifications of the conflict or how it could affect counsel’s advocacy | Court: Waiver was not knowing; reversal and remand for a new trial due to per se conflict not validly waived |
| Whether certain court-imposed fees (DNA analysis fee and Violent Crime Victims Assistance Fund fee) were improper | State: fees appropriate | Acevedo: fees were improperly assessed | Court: Not reached due to reversal on conflict issue |
Key Cases Cited
- People v. Washington, 101 Ill. 2d 104 (right to effective, conflict-free assistance of counsel)
- People v. Stoval, 40 Ill. 2d 109 (same)
- People v. Olinger, 112 Ill. 2d 324 (waiver must be knowing; defendant must be admonished as to existence and significance of conflict)
- People v. Lawson, 163 Ill. 2d 187 (presumption against waiver; courts indulge every reasonable presumption against waiver)
- People v. Fillyaw, 409 Ill. App. 3d 302 (no double-jeopardy bar where evidence could rationally support conviction)