Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Illinois » 4th District Appellate » 2004 » People v. Justice
People v. Justice
State: Illinois
Court: 4th District Appellate
Docket No: 4-02-0903 Rel
Case Date: 06/25/2004

NO. 4-02-0903

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,
                         Plaintiff-Appellee,
                         v.
STEVEN J. JUSTICE,
                         Defendant-Appellant.
)
)
)
)
)
)
)
)
Appeal from
Circuit Court of
Adams County
No. 01CF217

Honorable
Scott H. Walden,
Judge Presiding.


JUSTICE STEIGMANN delivered the opinion of the court:

In January 2002, defendant, Steven J. Justice, pleadedguilty to two counts of first degree murder (720 ILCS 5/9-1(a)(1)(West 2000)). In exchange for his guilty plea, (1) the State agreedto (a) dismiss other charges and (b) recommend a sentence of naturallife in prison; and (2) the Lincoln County, Nebraska, State's Attorney agreed (a) to recommend a life sentence if defendant pleadedguilty to a first-degree-murder charge then pending in Nebraska and(b) that defendant would serve his sentences in a Nebraska prison. In February 2002, the trial court sentenced defendant to two concurrent terms of natural life in prison.

In August 2002, defendant filed a second-amended motionto withdraw his guilty plea, alleging, in pertinent part, that he didnot knowingly and voluntarily enter his guilty plea because he lackedthe mental capacity to do so. Later that month, the trial courtgranted defense counsel's motion to allow defendant, who was thenimprisoned in Nebraska, to return to Illinois for a hearing on themotion to withdraw. In October 2002, defense counsel filed a document waiving defendant's presence at the hearing. At a hearing ondefendant's motion held later that month, the court accepted defendant's waiver and proceeded with the hearing. Following the hearing,the court denied defendant's motion to withdraw his guilty plea.

Defendant appeals, arguing that (1) the trial court erredby accepting the waiver of his presence at the October 2002 hearing;and (2) he received ineffective assistance of postplea counsel whencounsel allowed him to waive his presence at the hearing. We disagree and affirm.
 

I. BACKGROUND

In July 2001, the State charged defendant and his co-defendant, Billy Reed, with two counts of first degree murder,alleging that they, (1) "without legal justification and with theintent to kill Harold Steiner," shot Harold in the head, therebycausing his death (count I); and (2) "without legal justification andwith the intent to kill Bernice Steiner," shot Bernice in the head,thereby causing her death (count II) (720 ILCS 5/9-1(a)(1) (West2000)). The State later charged defendant and Reed with (1) aggravated arson (count III) (720 ILCS 5/20-1.1 (West 2000)), (2) residential arson (count IV) (720 ILCS 5/20-1.2 (West 2000)), (3) arson(count V) (720 ILCS 5/20-1(a) (West 2000)), and (4) theft of propertyvalued over $300 (count VI) (720 ILCS 5/16-1(a)(1)(A) (West 2000)). The trial court later dismissed count III, upon finding that noprobable cause existed. (Defendant's case was severed from Reed's,and Reed is not a party to this appeal.)

In November 2001, defendant, who was then in the AdamsCounty jail awaiting trial, filed a motion, requesting that the trialcourt order the Adams County sheriff to transport him to see aphysician. Defendant's motion alleged that (1) he was unable tosleep; and (2) jail employees had denied his requests to be examinedby a physician. Following a nonevidentiary hearing later that month,the court found that it did not have "sufficient evidence to grant ordeny defendant's motion." Nonetheless, the court ordered that jailemployees provide any necessary medical treatment to defendant.

At the January 2002 guilty plea proceedings, the Stateinformed the trial court that defendant had agreed to plead guiltyto counts I and II. In exchange for his plea, (1) the State agreedto (a) dismiss the remaining counts and (b) recommend a sentence ofnatural life in prison; and (2) the Lincoln County, Nebraska, State'sAttorney agreed (a) to recommend a life sentence if defendant pleadedguilty to a first-degree-murder charge then pending in Nebraska and(b) that defendant would serve his sentences in a Nebraska prison.

The trial court confirmed that defendant understood therights he was giving up by pleading guilty. Defendant informed thecourt that he (1) had authorized defense counsel to enter into pleanegotiations with the State and (2) understood the terms of his pleaagreement.

The State provided, in pertinent part, the followingfactual basis for defendant's guilty plea. On the evening of July 2,2001, the Tri-Township fire department was dispatched to a fire atthe Steiners' residence, which was located at 8803 Dedert Road inAdams County. Firefighters entered the residence and found thebodies of Harold, who was then 85 years old, and Bernice, who wasthen 80 years old, in the basement. Police arrived and found that(1) both Harold and Bernice had been tied up and shot in the back ofthe head; and (2) the Steiners' 1994 red Ford Probe had been stolen.

During the early morning hours on July 6, 2001, Decaturpolice officers saw four individuals in a red Ford Probe. Followinga high-speed chase, two occupants got out of the car and fled. Theother two occupants remained in the car and identified the individuals who fled as defendant and Reed. Officers searched the car (whichwas determined to belong to the Steiners) and found a pair of pantsstained with Harold's blood. Later that morning, officers apprehendeddefendant and Reed.

The trial court accepted the State's factual basis, foundthat defendant had knowingly and voluntarily entered his guilty plea,and accepted the plea.

Defendant was extradited to Nebraska, where he pleadedguilty to murder (Neb. Rev. Stat.

Illinois Law

Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
    > Minimum Wage in Illinois
Illinois Agencies
    > Illinois DMV

Comments

Tips