APPEAL from the Circuit Court of Will County; the Hon. MICHAEL
A. ORENIC, Judge, presiding.
MR. PRESIDING JUSTICE ALLOY DELIVERED THE OPINION OF THE COURT:
Defendant Billy Rose Sprinkle appeals from a denial by the Circuit Court of Will County of a post-conviction petition. The denial of the petition was made without a hearing.
Sprinkle and his co-defendant, James Perruquet, originally pleaded guilty to charges of murder and deviate sexual assault arising out of an incident in which the victim was a 14-year-old boy who was attacked by both defendants at a time when Sprinkle and Perruquet were also 14, after school. Both defendants were sentenced to concurrent penitentiary terms of 75 to 90 years for murder and 13 to 14 years for sexual assault. They appealed their sentences and their treatment as adults, rather than juveniles, but the convictions were affirmed in full by this court and the Illinois Supreme Court. People v. Sprinkle (3d Dist. 1972), 4 Ill. App.3d 6, 280 N.E.2d 29, aff'd, 56 Ill.2d 257, 307 N.E.2d 161 (1973); People v. Perruquet (3d Dist. 1972), 4 Ill. App.3d 4, 280 N.E.2d 29, aff'd sub nom People v. Sprinkle (1973), 56 Ill.2d 257.
Defendant Sprinkle filed a petition thereafter under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1973, ch. 38, par. 122-1 et seq.), alleging that he had been deprived of his constitutional right to effective assistance of counsel, in that a conflict of interest existed.
From the record it is shown that the public defender at that time, Thomas Vinson, and an assistant, Samuel Andreano, were appointed to represent both Sprinkle and Perruquet shortly after September 1968, the time of the killing. The facts of the occurrence are sufficiently set forth in our opinion at 4 Ill. App.3d 6, and we shall not repeat them in detail here.
Thereafter, counsel filed motions for severance on behalf of each defendant and alleged that each had made a confession which would be prejudicially damaging to the other. These motions were withdrawn, when defendants determined to plead guilty, following negotiations with the State. On January 6, 1969, after a plea hearing, the trial court accepted defendants' guilty pleas and imposed the sentences recommended by the State.
The transcript of Perruquet's confession is in the record, but that of Sprinkle is not. Perruquet described how both defendants beat and kicked the victim with their hands and fists, committed acts of deviate sexual assault, and finally bludgeoned the victim with a metal pipe and a concrete block.
The testimony of the investigator for the sheriff, Dennis Jaskoviak, at a hearing on motions to suppress the confessions, was that defendant Sprinkle admitted striking the victim with his hands and feet. A statement filed in the record on February 10, 1969, by the State's Attorney, over a month after judgments and sentences were entered, stated that Sprinkle in his confession denied committing any deviate sexual assaults on the victim or hitting him with any foreign objects. This discrepancy as to the extent of Sprinkle's participation in the brutal crime, was not brought before the trial court. The statement referred to was filed after the convictions. The State's Attorney's oral statement at the January 6, 1969, ...