Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Akins

Court of Appeals of Illinois, Fourth District

September 22, 2016

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
KEVIN I. AKINS, Defendant-Appellant.

         Appeal from Circuit Court of Champaign County No. 13CF1818 Honorable Harry E. Clem, Judge Presiding.

          JUSTICE STEIGMANN delivered the judgment of the court, with opinion. Justices Harris and Appleton concurred in the judgment and opinion.

          OPINION

          STEIGMANN, JUSTICE

         ¶ 1 This appeal arises from the trial court's June 2015 denial of a supplemental motion to withdraw a guilty plea and vacate the court's judgment filed by defendant, Kevin I. Akins. Defendant urges this court to vacate his conviction for delivery of a controlled substance (less than one gram of a substance containing cocaine) (720 ILCS 570/401(d) (West 2012)) and remand for further proceedings because of the alleged ineffectiveness of his guilty-plea counsel. Defendant bases his claim on counsel's purported failure to disclose and discuss with him all the evidence upon which counsel based her recommendation that he enter a guilty plea. We affirm.

         ¶ 2 I. BACKGROUND

         ¶ 3 A. The State's Charges

         ¶ 4 In November 2013, the State charged defendant with (1) two counts of possession with intent to deliver a controlled substance (less than one gram of a substance containing cocaine) (720 ILCS 570/407(b)(2) (West 2012)) (counts I and IV) and (2) two counts of delivery of a controlled substance (less than one gram of a substance containing cocaine) (720 ILCS 570/401(d) (West 2012)) (counts II and III).

         ¶ 5 B. Defendant's Guilty Plea

         ¶ 6 At an April 2014 pretrial hearing, defendant's guilty-plea counsel, Assistant Public Defender Stephanie Corum, informed the trial court that defendant intended to enter a guilty plea to count III, which defendant confirmed to the court. In exchange for defendant's guilty plea, the State agreed to (1) dismiss the remaining counts and (2) recommend that the court impose an eight-year extended-term sentence. The court then admonished defendant in compliance with Illinois Supreme Court Rule 402(a) (eff. July 1, 2012). During the court's admonishments, the State provided the following factual basis:

"[T]he evidence would show that on October 28, 2013, the Champaign police department conducted a controlled buy using a confidential source who purchased $40.00 worth of cocaine, weighing .5 grams from *** defendant ***, and at that time [defendant] was out on bond in [Champaign County case No.] 12-CF-1927."

         ¶ 7 After finding that defendant's guilty plea was knowing and voluntary, the trial court accepted the State's sentencing recommendation and imposed an extended term of eight years in prison, to be served consecutively to an eight-year prison sentence imposed in case No. 12-CF-1927.

         ¶ 8 C. Defendant's Supplemental Motion To Withdraw His Guilty Plea and Vacate the Trial Court's Judgment

         ¶ 9 In May 2014, defendant-through Corum-filed a motion to withdraw his guilty plea and vacate the trial court's judgment, which was based on allegations of Corum's ineffectiveness as guilty-plea counsel. Specifically, defendant asserted that (1) despite his innocence, he pleaded guilty to count III because he was concerned about the possible sentencing ranges in the three remaining counts; (2) Corum failed to file a motion requesting the identity of the confidential source; and (3) defendant did not have sufficient time to review the State's offer or make additional counteroffers to "secure the term of sentence that he wanted."

         ¶ 10 In September 2014, defendant-through different counsel-filed a supplemental motion to withdraw his guilty plea and vacate the trial court's judgment, which added the following claims: (1) Corum told him that "he had to accept the State's [guilty-plea offer] immediately or lose all counts against him at trial"; (2) he did not have sufficient time to "discuss the plea" and was "intimidated [by Corum's] statements about how much more prison time he would receive if he did not accept the [State's guilty-plea] offer"; (3) after the court imposed his eight-year prison sentence, Corum sent him photographs from a police surveillance recording; and (4) he is not depicted in any of the photographs at issue.

         ¶ 11 D. The Hearing on Defendant's Supplemental Motion To Withdraw His Guilty Plea and Vacate the Trial Court's Judgment

         ¶ 12 1. Defendant's Evidence

         ¶ 13 At a hearing held later in September 2014, defendant testified that at the time he pleaded guilty in the instant case, he was serving an eight-year prison sentence. During the April 2014 guilty-plea hearing, defendant felt "rushed" and did not have enough time to consider the State's guilty-plea offer because he surmised, "[e]ither I take the time, or I go to trial." Defendant added that (1) he "never [saw] what was going on in my case" and (2) Corum told him that he had a "possible chance of losing, " which made defendant feel like it was a take-it-or-leave-it proposition. As a result, defendant felt that he "had to take" the State's eight-year offer. Defendant wanted additional time to make counteroffers to possibly negotiate a lower sentence, adding that he "mentioned seven years, six years[, ] *** four years" to Corum.

         ¶ 14 Defendant acknowledged that Corum informed him of the eight-year offer while he was in prison. At the April 2014 hearing, defendant spoke to Corum "for two or three seconds" before telling her that he would accept the State's guilty-plea offer. Defendant noted that the short time he had to discuss the State's offer with Corum affected his decision. Defendant was also concerned that he would be found guilty on the State's remaining three counts. Defendant acknowledged that during the April 2014 guilty-plea hearing, he told the trial court that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.