People v. Beasley
85 N.E.3d 568
Ill. App. Ct.2017Background
- In 2009 Beasley was charged with multiple counts including first-degree murder with firearm enhancements; in 2010 he pleaded guilty to first-degree murder under a negotiated plea (State moved to remove enhancement) and was sentenced to 30 years.
- At plea hearing the State recited a factual basis: Beasley admitted shooting at Jamario Freeman; bullets and the revolver were linked to Beasley; the actual victim (Nazareth Lee) was uninvolved and died from a gunshot to the chest.
- Beasley later filed a pro se postconviction petition alleging trial counsel failed to file a motion to withdraw his guilty plea and failed to preserve an appeal; he later, through counsel, added claims that trial counsel failed to move to suppress his custodial statements (claiming intoxication) and misadvised him about available defenses and a lesser-included offense.
- The State moved to dismiss the amended petition at the second stage; the trial court granted the dismissal. Postconviction counsel had filed a Rule 651(c) certificate. Beasley appealed.
- Beasley also challenged several assessments (Crime Stoppers, youth diversion, violent crime victims assistance, arrestee’s medical) that the circuit clerk imposed after sentencing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Beasley) | Held |
|---|---|---|---|
| Whether the amended postconviction petition made a substantial showing of ineffective assistance for failure to file a motion to withdraw the plea | The petition failed to show prejudice or a reasonable probability the withdrawal motion would have been granted | Trial counsel was constitutionally deficient for not filing the motion after Beasley asked; prejudice presumed or shown because grounds existed to withdraw | Held: Dismissal affirmed — Beasley failed to show prejudice or a reasonable probability the motion would have succeeded |
| Whether counsel was ineffective for misadvising about defenses and a lesser-included offense | State: Even if advice was erroneous, Beasley did not allege he would have rejected the plea and gone to trial or insisted on particular jury instructions, so no prejudice | Beasley: Counsel misinformed him about defense-of-another/self-defense and availability of second-degree murder instruction, depriving him of choice | Held: Claim fails — no sufficient allegation that but for counsel’s advice he would have gone to trial or requested instructions; no prejudice shown |
| Whether postconviction counsel provided unreasonable assistance under Rule 651(c) | State: Counsel filed the Rule 651(c) certificate and provided affidavits; no showing of additional available evidence | Beasley: Counsel attached only his notarized statement and failed to support the suppression claim with evidence showing incapacity to waive rights | Held: Held counsel provided reasonable assistance; presumption from Rule 651(c) not rebutted |
| Whether several fines/assessments imposed by the circuit clerk are valid | State concedes clerk-imposed assessments were improper | Beasley: Challenges the $5 Crime Stoppers, $5 youth diversion, $25 victims assistance, $10 arrestee medical assessments as clerk-imposed fines | Held: Vacated those assessments — clerk lacked authority to impose fines; vacatur (not remand) required to avoid increasing sentence |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-prong ineffective-assistance test)
- Hill v. Lockhart, 474 U.S. 52 (prejudice in plea context requires showing one would have pleaded not guilty and insisted on trial)
- People v. Edwards, 197 Ill. 2d 239 (discusses counsel’s failure to file motion to withdraw plea and presumption at first postconviction stage)
- People v. Coleman, 183 Ill. 2d 366 (standard for substantial showing at second stage)
- People v. Gomez, 409 Ill. App. 3d 335 (second district: at second stage defendant must show reasonable probability the motion to withdraw plea would have been granted)
- People v. Castleberry, 2015 IL 116916 (remand that increases sentence is impermissible; informs vacatur of clerk-imposed fines)