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. Jindra

Court of Appeals of Illinois, Second District

July 10, 2018

PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
PAUL E. JINDRA, Defendant-Appellant.

          Appeal from the Circuit Court of Stephenson County. Nos. 15-CM-646 15-CM-647 Honorable James M. Hauser, Judge, Presiding.

          JUSTICE BURKE delivered the judgment of the court, with opinion. Presiding Justice Hudson and Justice Hutchinson concurred in the judgment and opinion.

          OPINION

          BURKE JUSTICE.

         ¶ 1 Following a bench trial, defendant, Paul Jindra, was convicted of two counts of disorderly conduct (720 ILCS 5/26-1(a)(1) (West 2014)) and one count of assault (id. § 12-1(a)) for an incident involving the "village animal catcher" and one of defendant's cats. The court sentenced defendant to conditional discharge plus a fine and a fee. After defendant was convicted and sentenced, he filed a pro se four-sentence motion to reconsider. The only issue raised on appeal is whether the contents of that motion mandated that the court conduct a preliminary inquiry into a claim of ineffective assistance of counsel, consistent with the procedure set forth in People v. Krankel, 102 Ill.2d 181, 189 (1984). We affirm.

         ¶ 2 I. BACKGROUND

         ¶ 3 Prior to trial, defendant's attorney, Assistant Public Defender Travis Lutz, subpoenaed Brissa Cuthbertson to testify. Cuthbertson appeared for trial on the originally scheduled trial date. However, at the State's request, the trial was continued to a later date. The court informed Cuthbertson that her subpoena was continued to the new date set for trial and issued her a reminder slip for the new date. On the new date set for trial, Cuthbertson failed to appear. Despite Cuthbertson's absence, Lutz did not request a continuance and answered that the defense was ready for trial. Cuthbertson was not mentioned in any witness's testimony.

         ¶ 4 The court found defendant guilty of all counts, sentenced him to one year of conditional discharge, and ordered him to pay a fine and a fee.

         ¶ 5 On the same day as sentencing, defendant filed a pro se motion, titled "Motion (To Reconsider)," based on Cuthbertson's nonappearance. In his motion, defendant wrote the following:

"I would like the judge to reconsider this case. the [sic] key witness, Brissa Cuphbertson [sic], did not appear in court, nor was her written statement submitted to the judge. The public defender was Mr. Travis Lutz. This eye witness [sic] is crucial to this defense."

         ¶ 6 At the next court date, Lutz was unsure of how to proceed with the case, because defendant had filed a pro se motion and Lutz had subsequently filed a motion for a new trial. Lutz informed the court that he was ready to proceed on the motion for a new trial. The court then reminded defendant that he was represented by counsel, that he was "not to file any pleadings," and that instead he should do so through his counsel. Defendant responded that he understood. The court asked if Lutz would like time to consult with defendant about his motion to reconsider. Lutz responded "yes," that he would speak to defendant, and that, "if that's what we're going to do," Lutz would file a proper motion to reconsider.

         ¶ 7 When the court set a date to hear the motions, defendant interjected, "That's an important point. New information is supplied by Brissa-Brissa Cuthbertson." The court instructed defendant to speak with his attorney about that, but defendant continued, "Yes. She doesn't care. She'll come tomorrow, if you ask her. She says it was a mistake. She didn't think she was supposed to show up last week." The court again admonished defendant to speak with his attorney.

         ¶ 8 At the next court date, Lutz addressed the matter of the pro se motion to reconsider. Lutz told the court, "I don't think we're looking to proceed on that in any fashion. I'd rather ask to proceed on the motion for new trial that I had filed." This motion, which did not mention Cuthbertson, was heard and denied. Defendant timely appeals.

         ¶ 9 II. ANALYSIS

         ¶ 10 The sole issue on appeal is whether the trial court should have conducted a preliminary inquiry pursuant to Krankel into defendant's alleged claim that he was denied the effective assistance of counsel because of counsel's failure to secure the presence of a key witness and to ...


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.