People v. Hill

Case Date: 10/15/1999
Court: 2nd District Appellate
Docket No: 2-98-0361

People v. Hill, No. 2-98-0361

2nd District, 15 October 1999



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

DONALD T. HILL,

Defendant-Appellant.

Appeal from the Circuit Court of Du Page County.

No. 95--CF--285

Honorable Ronald B. Mehling, Judge, Presiding.

JUSTICE HUTCHINSON delivered the opinion of the court:

Pursuant to a plea agreement, defendant, Donald Troy Hill, a/k/a Troy Donald Hill, pleaded guilty to two counts of aggravated criminal sexual assault (720 ILCS 5/12--14(b)(1) (West 1994)) and was sentenced to two consecutive nine-year terms of incarceration. Defendant subsequently filed a petition for relief from the judgment pursuant to section 2--1401 of the Code of Civil Procedure (Civil Code) (735 ILCS 5/2--1401 (West 1998)). Defendant's pro se petition alleged that (1) the trial court erred because it did not sua sponte order a hearing on his fitness to stand trial and (2) that he was denied the effective assistance of counsel because his attorney failed to request a fitness hearing. On its own motion and without holding an evidentiary hearing, the trial court dismissed the petition as frivolous and without merit. Defendant timely appeals, contending that the trial court erred when it dismissed his petition because (1) it improperly applied the standards of the Post Conviction Hearing Act (Postconviction Act) (725 ILCS 5/122--1 et seq. (West 1998)) to his section 2--1401 petition (we address this contention in a nonpublished portion of this opinion); (2) his use of psychotropic medications at or near the time of his guilty plea entitled him to a fitness hearing; (3) a bona fide doubt existed as to his fitness, mandating a fitness hearing; (4) he was denied the effective assistance of counsel because his attorney failed to move for a fitness hearing; and (5) he was coerced into entering a guilty plea because his attorney instructed him that he must plead guilty despite his express desire for a trial (we address this contention in a nonpublished portion of this opinion). We affirm.

BACKGROUND

1. Defendant's Guilty Plea

On March 8, 1995, defendant was charged by indictment with three counts of aggravated criminal sexual assault in violation of section 12--14(b)(1) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/12-14(b)(1) (West 1994)) and one count of aggravated criminal sexual abuse in violation of section 12--16(c)(1)(i) of the Criminal Code (720 ILCS 5/12--16(c)(1)(i) (West 1994)).

The matter was continued several times while defense counsel sought defendant's medical and psychiatric records. On July 10, 1995, defense counsel requested an order requiring the county jail to provide defendant with the brand name medication prescribed for him because defendant had reacted poorly to generic substitutes. After determining that the medication was psychotropic, the trial court engaged defense counsel in the following colloquy:

"THE COURT: There's been some recent case law that's dealt with this issue of psychotropic medication. ***
Assuming he'll be going back to some psychotropic medication, then there may be a question regarding his fitness to stand trial.
I am just wondering if we should appoint Dr. Ali or some other doctor at this point to make an examination.
MS. LACRONE [defense counsel]: Judge we are aware that may be an issue. That is the reason for which we are requesting all the medical [records] from the various medical agencies where [defendant] has been treated.
After reviewing the records, we may come in before the Court to ask to evaluate [defendant].
But we are waiting to receive all the records, so we can ask, if we can ask the Court to do that.
* * *
THE COURT: All right. *** I just wanted to bring that to your attention.
If he does go back on the medication, then we may definitely be in a position where we have to proceed with some sort of examination, to clear up any issues regarding fitness to stand trial."

On August 15, 1995, the trial court appointed Dr. Syed Ali to evaluate defendant's fitness, and on October 23, 1995, Dr. Ali filed his report. In his report, Dr. Ali stated that he reviewed defendant's medical records, other case reports, and interviewed defendant. The interview lasted approximately 1