from the Circuit Court of the 12th Judicial Circuit, Will
County, Illinois, Circuit No. 16-CF-767 Honorable Daniel L.
Kennedy, Judge, Presiding.
E. Chadd, Peter A. Carusona, and Amber Hopkins-Reed, for of
State Appellate Defender's Office, of Ottawa, Appellant:
W. Glasgow, State's Attorney, of Joliet (Patrick Delfino,
Thomas D. Arado, and Stephanie L. Raymond, of State's
Attorneys Appellate Prosecutor's Office, of counsel), for
O'BRIEN JUSTICE delivered the judgment of the court, with
opinion. Justices Carter and Lytton concurred in the judgment
1 Defendant, Eric D. Walker, pled guilty to aggravated
battery and was subsequently sentenced to a term of three
years' imprisonment. He filed a pro se
postconviction petition alleging, inter alia, that
defense counsel had been ineffective for failing to share and
discuss discovery documents with him. The trial court
dismissed the petition as frivolous and patently without
merit. On appeal, defendant argues that the dismissal was
erroneous. We affirm.
2 I. BACKGROUND
3 On April 14, 2016, the State charged defendant with
aggravated battery (720 ILCS 5/12- 3.05(f)(1) (West 2016)).
The indictment alleged that "defendant cut Jamella
Martinez about the body with a knife." The aggravated
battery charge was given case No. 16-CF-767. The State would
later amend the indictment, removing all references to a
knife and instead alleging that defendant "struck"
Martinez about the body "while on a public place of
accommodation." See id. § 12-3.05(c).
4 On April 27, 2016, the State charged defendant with
burglary (id. § 19-1(a)-(b)). The indictment
alleged that on February 15, 2016, defendant "knowingly
entered a motor vehicle of Timothy Kable *** with the intent
to commit therein a theft." That charge was labeled case
No. 16-CF-864. The State amended this indictment as well,
charging defendant instead with attempted burglary. See
id. §§ 8-4, 19-1(a)-(b).
5 Defendant pled guilty to both charges at a single
proceeding on September 29, 2016. As a factual basis for the
aggravated battery charge, the State averred that defendant
engaged in an argument with a number of people while at
Fenton's Motel and struck Martinez about the body. With
respect to the attempted burglary charge, the State averred
that defendant could be seen on surveillance video reaching
into a vehicle that did not belong to him in the parking lot
of a restaurant. The court accepted the plea and sentenced
defendant to a term of three years' imprisonment for
aggravated battery, to be served concurrently with the
attempted burglary sentence imposed in case No. 16-CF-864.
6 On March 17, 2017, defendant filed a pro se
postconviction petition. The petition raised numerous claims,
many of which related to the representation defendant had
received. In the petition, defendant alleged that his
attorney, an assistant public defender, conspired against him
with the State and intentionally misled and misrepresented
him. Defendant also accused counsel of failing to file the
motions he requested, failing to seek additional discovery,
and refusing to speak to his witnesses.
7 Most relevant to the present appeal, defendant alleged that
counsel refused "to allow the defendant to review the
discovery and evidence against defendant." He also
alleged that counsel failed to communicate with him.
Defendant concluded: "had Defendant known all that
[sic] facts and information and discovery
information among other things before Defendant [pled] guilty
Defendant would not have [pled] guilty to any of these
8 Defendant alleged in his petition that on December 19,
2016, he received a number of partially redacted police
reports relating to both of his cases. He alleged that upon
reading those reports he learned that counsel "had been
lying to the defendant all the time" and had induced him
to plead guilty when she "knew that they had absolutely
no evidence to support the allegations made against the
defendant." Defendant asserted that he had seen only a
surveillance video and a police report in case No. 16-CF-864
and had seen no discovery materials in case No. 16-CF-767.
Defendant alleged that counsel told him the police had a cell
phone in evidence in the attempted burglary case but that he
later learned that was not true.
9 Defendant attached more than 100 pages of exhibits to his
petition. These exhibits include a number of redacted police
reports, largely relating to the attempted burglary case.
Only one single-page report references the aggravated battery
case. That report indicates that a female subject had been
stabbed in her eye and a suspect had been found at
Fenton's Motel. Reports relating to the attempted
burglary indicate that the incident was not reported to the
police until February 22, 2016, after an altercation between
defendant and Kable. Kable had accused defendant of taking a
cell phone from his truck on February 15. Kable claimed to
have a ...