Appeal from Circuit Court of Clark County No. 92CF33 Honorable Tracy W. Resch, Judge Presiding.
The opinion of the court was delivered by: Justice Knecht
Defendant, Joseph Ivy, pleaded guilty to two counts of aggravated criminal sexual assault under section 12-14(b) of the Criminal Code of 1961 (Code) (720 ILCS 5/12-14(b) (West 1992)) in No. 92-CF-33 and escape under section 31-6 of the Code (720 ILCS 5/31-6 (West 1992)) in No. 92-CF-56. The trial court later sentenced him to 2 consecutive 13-year prison terms for the aggravated criminal sexual assault convictions and a consecutive 4-year term for escape. After his sentence was affirmed on appeal (People v. Ivy, No. 4-95-0224 (October 28, 1996) (unpublished order under Supreme Court Rule 23)), defendant filed a petition for post-conviction relief. The trial court dismissed this petition. Defendant appeals, claiming the trial court erred in finding (1) the petition time-barred and (2) it failed to state a claim for which relief could be granted. We affirm.
The State charged defendant on August 7, 1992, with one count of aggravated criminal sexual assault on "John Doe No. 1," a boy under the age of 13. Defendant waived his right to a preliminary hearing on count I. On October 28, 1992, the State filed a second charge of aggravated criminal sexual assault against defendant, alleging a similar act against "John Doe No. 2," another boy under the age of 13. No preliminary hearing was set or waived regarding count II.
On December 28, the State filed counts III and IV, alleging different acts of aggravated criminal sexual assault against both John Doe No. 1 and John Doe No. 2. On that same date, defendant entered into a negotiated guilty plea to counts III and IV in exchange for the State's dismissal of counts I and II. On February 10, 1993, defendant also pleaded guilty to escape. A sentencing hearing followed.
John Trefz, chief of police for the City of Marshall, testified for the State on the interviews he conducted with three boy victims of defendant. John Doe No. 1, approximately 12 years old at the time of the interview, told Trefz defendant performed oral sex and other sexual acts on him by force. These acts occurred during fishing trips with defendant over the previous four or five years. John Doe No. 2, approximately eight years old at the time of the interview, said defendant performed oral and anal sex on him and the sexual acts occurred for about two years. He told Trefz other young boys were present at the time of these acts.
Finally, Trefz stated he had an interview with "John Doe No. 3," who was approximately 12 years old at the time of the interview. He told Trefz defendant performed oral sex on him and drank his urine. He stated oral sex occurred with defendant on a "regular basis." None of the boys mentioned defendant was intoxicated during these acts. The mother of one of the boys testified defendant was sober both when her son would leave in his company and when he returned her son to her.
Search warrants had been executed on defendant's vehicles. Trefz identified the items seized. One box of items from defendant's Oldsmobile contained newspaper and magazine clippings of young boys. The return from the warrant indicated "four magazine cut-outs of young boys; one was nude and three partially clothed" and "one photograph of two young boys." No objection was made by trial counsel as to the relevance of the inventory or whether it had been illegally seized.
Trefz then identified items from another box seized from defendant's Buick. Trefz identified nude photos of boys; a book entitled "Sexual Exploitation of Children"; and a videotape of nude "indian-type" people, also described as a "National Geographic type of tape of the Third World country," portraying "Indians laying [sic] around with little or no clothing." Trefz also identified two pair of boy's underwear; photographs of young people, mostly boys, some nude and some clothed; and two more books entitled "Violence in Our Time" and "Children's Play Places." Trefz also stated many of the photographs seized were just pictures of scenery and of people normally found in magazines.
Clark County jail employee Paul Hoggat also testified to details of defendant's escape from jail. Defendant's statement in allocution included an admission of guilt to the charges of aggravated criminal sexual assault and for his participation in an escape from jail while in custody on those charges.
The trial court sentenced defendant to consecutive 13-year terms for each of the 2 aggravated criminal sexual assault convictions and a 4-year consecutive term for escape. On February 22, 1993, the trial court signed and filed a written sentencing order.
Defendant filed a motion to reconsider the sentence on March 8, claiming the sentence was excessive. Defendant later filed an amended motion arguing consecutive sentences were not mandated. On August 10, defense counsel filed a certificate pursuant to Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d)), stating he consulted with defendant concerning allegations of error in the motion to reduce sentence. In October, the trial court denied defendant's motion to reconsider sentence, and defendant filed a notice of appeal from the denial of his motion to reconsider.
On December 8, 1994, this court vacated the judgment of the trial court and remanded the case by summary order because defense counsel had failed to review transcripts from the guilty plea hearing pursuant to Rule 604(d). People v. Ivy, Nos. 4-93-0927, 4-93-0928 cons. (November 30, 1994) (unpublished summary order under Supreme Court Rule 23(c)(2)).
On February 14, 1995, defendant filed an amended motion to reconsider sentence or to have a new sentencing hearing. The court denied this motion on March 6. The trial court issued a new judgment of sentence on March 8 with the sentences unchanged. Defendant appealed. This court affirmed defendant's sentence in No. 92-CF-33 (People v. Ivy, No. 4-95-0224 (October 28, 1996) (unpublished order under Supreme Court Rule 23)) and the trial court's judgment ...