People v. Francis

2013 IL App (4th) 120840

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KAYLA J. FRANCIS, Defendant-Appellant.

NO. 4-12-0840

APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

FILED: October 18, 2013

NOTICE

This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from

Circuit Court of

Morgan County

No. 06JD14

Honorable

Richard T. Mitchell,

Judge Presiding.

JUSTICE TURNER delivered the judgment of the court.

Justices Appleton and Harris concurred in the judgment.

ORDER

¶ 1 Held: (1) Defendant's guilty plea and sentences are not void; (2) she was not denied the effective assistance of counsel; (3) the extended jurisdiction juvenile proceedings do not violate Supreme Court precedent; (4) the trial court did not err in summarily dismissing her postconviction petition; and (5) she is entitled to two additional days of sentence credit.

¶ 2 In November 2006, defendant, Kayla J. Francis, pleaded guilty in juvenile court to voluntary manslaughter of an unborn child and three counts of aggravated battery. In the extended jurisdiction juvenile (EJJ) proceedings, the trial court sentenced her to 5 years' juvenile probation, along with a stayed adult term of 12 years in prison. In November 2010, the State filed a petition to revoke the stay of defendant's adult sentence. In February 2011, the court lifted the stay and sentenced her to 12 years in prison. In July 2012, defendant filed a pro se postconviction petition, which the court summarily dismissed.

¶ 3 On appeal, defendant argues (1) her guilty plea must be vacated, (2) she was denied the effective assistance of counsel, (3) the EJJ prosecution violated her right to due process, (4) the trial court erred in summarily dismissing her postconviction petition, and (5) she is entitled to two additional days of sentence credit. We affirm as modified and remand with directions.

¶ 4 I. BACKGROUND

¶ 5 In August 2006, the State filed a supplemental petition for adjudication of wardship, alleging defendant, born in June 1990, was a delinquent minor. The petition alleged defendant committed the offense of intentional homicide of an unborn child (720 ILCS 5/9-1.2(a)(2) (West 2006)), claiming she knew Ashliegh Fredericks was pregnant and, without lawful justification and with the knowledge that her acts created a strong probability of great bodily harm to Fredericks, ran over her with a vehicle, thereby causing the death of Fredericks' unborn child. The petition also alleged defendant committed the offense of aggravated battery (720 ILCS 5/12-4 (West 2006)) against Fredericks (two counts), Meltara Childs (one count), and Skiya Finkle (one count). The trial court found probable cause to believe defendant was a delinquent minor and it was a matter of immediate and urgent necessity that she be detained.

¶ 6 On November 2, 2006, the State filed a motion to transfer from juvenile court and to permit prosecution of defendant under the criminal laws. The State also filed a motion to designate the proceedings as an EJJ prosecution pursuant to the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/5-810 (West 2006)).

¶ 7 On November 27, 2006, the State filed a second supplemental petition for adjudication of wardship, charging the additional offense of voluntary manslaughter of an unbornchild (720 ILCS 5/9-2.1(a) (West 2006)). On that same date, defendant entered into a plea agreement for both a juvenile and an adult sentence. She pleaded guilty to three counts of aggravated battery and one count of voluntary manslaughter of an unborn child.

¶ 8 As part of her juvenile sentence, defendant agreed to five years' probation, house arrest for the duration of the school year, and 30 days' detention with credit for 30 days served. She was also ordered to have no contact with the victim and to comply with all other terms in the juvenile order of probation. Defendant's adult sentence, which would be stayed as long as she remained compliant with juvenile probation, was 12 years in prison for the offense of voluntary manslaughter of an unborn child and concurrent terms of 180 days in jail for the three counts of aggravated battery. The parties agreed defendant would be given credit for time already served in detention.

¶ 9 In November 2010, the State filed a petition to revoke the stay of defendant's previously imposed adult criminal sentence. The State alleged defendant had on numerous occasions made contact with the victims in this case. In particular, the State alleged defendant contacted Fredericks by text message and then threw a shoe at her when Fredericks came over to defendant's residence. The State alleged defendant committed the offenses of criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2010)) and endangering the life or health of a child (720 ILCS 5/12-21.6(a) (West 2010) (two counts)).

¶ 10 In February 2011, the trial court held a hearing on the petition to revoke. At the time of the hearing, Ashliegh Fredericks had two children by Quinton Gause, and defendant had two with him with another on the way. Fredericks testified she received text messages from defendant around the time of October 23 and 24, 2010, that defendant had thrown out Gause'sclothes and money. Despite her history with defendant, Fredericks decided to drive by and retrieve the property. Fredericks was in the process of picking up the property in front of defendant's house when she saw defendant running toward her. Defendant threw a shoe, which ended up in the car. Fredericks shut the door. She then saw defendant "in a throwing motion," and Fredericks heard a "big bang" followed by glass shattering.

¶ 11 On cross-examination, Fredericks testified to her history with defendant and stated she had used words to the effect that she was not going to stop until defendant went to prison. She stated she had used the phrase a "dead baby for a dead baby," believing "an eye for an eye." Fredericks stated defendant took her son's life and "she should have to give up her life, either serve it in prison or whatever she needs to do."

¶ 12 Carrie Griffith testified she was out with Fredericks on October 23 and 24, 2010. Griffith had received text messages from defendant about picking up Gause's clothes. Fredericks asked if Griffith would take her by defendant's house to pick up the clothes. Griffith dropped off Fredericks because Griffith did not want to take her by the house. Griffith then drove by and saw clothes on the sidewalk and in the street. Griffith returned to pick up Fredericks and they went to gather the clothes. While Fredericks attempted to pick up the clothes, defendant ran toward her. Fredericks returned to the vehicle, and defendant threw a shoe inside. Defendant threw three other objects that hit the car, including one that broke the window. Griffith left and called the police.

¶ 13 Meltara Childs testified she allowed her sister Carrie Griffith to borrow her car on October 23, 2010. Prior to that night, she had no damage to her vehicle. Later, the car sustained damage to the door and the window was broken out.

¶ 14 Tammy Kemp, mother of Ashliegh Fredericks, testified she came into contact with defendant in the early morning hours of October 24, 2010. As Kemp drove toward her house, she saw defendant carrying two bags. Kemp rolled down her window and told defendant she had no reason to be near her house. She exited the car and told defendant to stay away from the house. She later called the police. Defendant left and threw the property she was carrying into the ditch.

¶ 15 Jacksonville police sergeant Eric Hansell testified he was working in the early morning hours of October 24, 2010, when he received a call of a disturbance involving defendant. Hansell made contact with her, and she stated she was returning from dropping off her ex-boyfriend's property. When another officer arrived, questioning of defendant revealed the possibility that criminal damage had occurred. The officers searched in front of defendant's residence and found automotive glass in the roadway. Defendant denied breaking the window of a car but admitted throwing a shoe. After a determination was made to arrest her, defendant stated she could not leave because her children were inside her residence. Hansell asked her if anyone else was inside, and defendant stated her brother. After Hansell made an attempt to contact someone on the inside without success, he and other officers entered the residence to check on the welfare of the children. Defendant eventually told the officers that her brother was not there and she had left her children unattended. Officers secured the children and contacted defendant's mother. Defendant was arrested.

¶ 16 Jacksonville police officer Craig Wright testified he responded to a call of criminal damage to property. He spoke to two complainants and found their vehicle had the rear passenger window broken out and a "big dent in the door." Wright recovered a shoe from thevehicle. Wright later received another call and arrived to find defendant. She stated Fredericks and others had come by and caused problems so she threw a shoe at them. Wright observed small pieces of glass in the roadway. Once officers placed defendant under arrest, she became upset and stated she did not want to go to jail because her children were inside.

¶ 17 Jacksonville police investigator Brad Rogers testified he spoke with defendant about the incident after obtaining a waiver of rights. Defendant admitted throwing her shoes but denied breaking the car window. During a second interview, defendant stated her children had been in the house. She also stated she left the house and walked three to five blocks with Gause's belongings.

¶ 18 Defendant testified she was 20 years old. She stated she began receiving text messages from Fredericks that defendant was "going to be jumped" and that she "was going to kill [her] baby." She also stated it...