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People v. Jones

Court of Appeals of Illinois, Fourth District

February 17, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
KOREY A. JONES, Defendant-Appellant.

         Appeal from Circuit Court of Sangamon County Nos. 07CF127 07CF312. Honorable Steven H. Nardulli, Judge Presiding.

          KNECHT JUSTICE delivered the judgment of the court, with opinion. Justices Harris and Pope concurred in the judgment and opinion.

          OPINION

          KNECHT JUSTICE.

         ¶ 1 Defendant, Korey A. Jones, appeals from the second-stage dismissal of his postconviction petition and amended postconviction petition. In July 2007, defendant agreed to a negotiated plea deal and pleaded guilty to armed robbery (720 ILCS 5/18-2(a)(2) (West 2006)) and home invasion (720 ILCS 5/12-11(a)(3) (West 2006)). In exchange for defendant's guilty plea, the State dismissed defendant's remaining charges. The trial court sentenced defendant to the agreed sentence of the plea agreement, 15 years for armed robbery and 30 years for home invasion, which it ordered to be served concurrently.

         ¶ 2 In August 2012, defendant filed a petition for postconviction relief. He alleged numerous constitutional violations, including a claim he was denied the effective assistance of counsel. In April 2014, defendant filed an amended petition for postconviction relief. In June 2014, the State filed a motion to dismiss defendant's petition and amended petition, which the trial court granted.

         ¶ 3 Defendant appeals, arguing (1) the record demonstrates postconviction counsel failed to provide reasonable assistance in violation of Illinois Supreme Court Rule 651(c) (eff. Feb. 6, 2013) and (2) the trial court erred in denying his postconviction petitions at the second stage because he made a substantial showing of ineffective assistance of trial counsel. We affirm.

         ¶ 4 I. BACKGROUND

         ¶ 5 On December 8, 2006, defendant entered a Walgreens store in Springfield, Illi- nois, with a handgun and demanded a clerk give him money from the cash register. Detective Mark Pointer, a detective with the Springfield police department, investigated the incident. After publicizing surveillance video from the store, police received a tip identifying defendant as the man in the video. United States marshals arrested defendant and conducted an interview at which Pointer was present. Defendant admitted robbing the Walgreens store using a firearm.

         ¶ 6 Pointer also asked defendant questions regarding a robbery at a Subway restaurant the same day as the Walgreens robbery. Defendant later implicated himself in the December 2006 Subway robbery and a November 2006 robbery of a Family Dollar store. In addition to those robberies, a victim of a January 2007 home invasion identified defendant from a police lineup as the person who had robbed him at gunpoint.

         ¶ 7 Defendant was charged with multiple offenses regarding the aforementioned inci- dents. At the time of the offenses, defendant was on mandatory supervised release for a 2005 aggravated battery conviction. In connection with the November 2006 Family Dollar store robbery, docketed as Sangamon County case No. 07-CF-127, the State charged defendant with armed robbery (count I) (720 ILCS 5/18-2(a)(2) (West 2006)), armed habitual criminal (count II) (720 ILCS 5/24-1.7(a) (West 2006)), unlawful possession of a weapon by a felon who had been convicted of a forcible felony (count III) (720 ILCS 5/24-1.1(a) (West 2006)), and unlawful possession of a weapon by a felon while serving a term of mandatory supervised release (count IV) (720 ILCS 5/24-1.1(a) (West 2006)).

         ¶ 8 In connection with the December 2006 Subway restaurant robbery, docketed as Sangamon County case No. 07-CF-72, the State charged defendant with robbery (count I) (720 ILCS 5/18-1(a) (West 2006)), armed robbery (count II) (720 ILCS 5/18-2(a) (West 2006)), unlawful possession of a weapon by a felon who had been convicted of a forcible felony (count III) (720 ILCS 5/24-1.1(a) (West 2006)), and unlawful possession of a weapon by a felon while serving a term of mandatory supervised release (count IV) (720 ILCS 5/24-1.1(a) (West 2006)).

         ¶ 9 In connection with the December 2006 Walgreens store robbery, docketed as Sangamon County case No. 07-CF-128, the State charged defendant with armed robbery (count I) (720 ILCS 5/18-2(a)(2) (West 2006)), armed habitual criminal (count II) (720 ILCS 5/24-1.7(a) (West 2006)), unlawful possession of a weapon by a felon who had been convicted of a forcible felony (count III) (720 ILCS 5/24-1.1(a) (West 2006)), and unlawful possession of a weapon by a felon while serving a term of mandatory supervised release (count IV) (720 ILCS 5/24-1.1(a) (West 2006)).

         ¶ 10 In connection with the January 2007 home invasion, docketed as Sangamon County case No. 07-CF-312, the State charged defendant with home invasion (count I) (720 ILCS 5/12-11(a)(3) (West 2006)), armed robbery (count II) (720 ILCS 5/18-2(a)(2) (West 2006)), unlawful possession of a weapon by a felon who had been convicted of a forcible felony (count III) (720 ILCS 5/24-1.1(a) (West 2006)), and unlawful possession of a weapon by a felon while serving a term of mandatory supervised release (count IV) (720 ILCS 5/24-1.1(a) (West 2006)).

         ¶ 11 In July 2007, defendant entered a negotiated plea of guilty to one count of armed robbery in connection with the December 2006 Family Dollar store robbery (count I in No. 07-CF-127) and one count of home invasion (count I in 07-CF-312). In exchange, the State dismissed the remaining charges. The trial court admonished defendant of his rights at his plea hearing, including informing him of the minimum and maximum sentence, and the period of mandatory supervised release. Defendant confirmed he was satisfied with his communication with his attorney and was ...


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