{
  "id": 2672679,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Alphonso Johnson (Impleaded), Defendant-Appellant",
  "name_abbreviation": "People v. Johnson",
  "decision_date": "1972-08-23",
  "docket_number": "No. 72-36",
  "first_page": "92",
  "last_page": "94",
  "citations": [
    {
      "type": "official",
      "cite": "7 Ill. App. 3d 92"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
      "cite": "48 Ill.2d 254",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2908550
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      "cite": "46 Ill.2d 167",
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      "reporter": "Ill. 2d",
      "case_ids": [
        2900580
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      "year": 1971,
      "pin_cites": [
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          "page": "171-2"
        }
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      "case_paths": [
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    {
      "cite": "45 Ill.2d 261",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2895195
      ],
      "year": 1970,
      "pin_cites": [
        {
          "page": "263-4"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
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    },
    {
      "cite": "46 Ill.2d 114",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2900004
      ],
      "year": 1970,
      "pin_cites": [
        {
          "page": "119"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/46/0114-01"
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  "analysis": {
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    "char_count": 3097,
    "ocr_confidence": 0.747,
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  "last_updated": "2023-07-14T16:18:17.074050+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Alphonso Johnson (Impleaded), Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE SEIDENFELD\ndelivered the opinion of the court:\nThe defendant was sentenced to 2 \u2014 5 years in the penitentiary in accordance with a negotiated plea of guilty to the crime of robbery. The plea was further conditioned on the dropping of unconnected charges of auto theft in several other jurisdictions. There is no claim that the bargain failed, but rather that the trial court erred in dismissing defendant\u2019s amended post-conviction petition without an evidentiary hearing to determine whether he was mentally competent to plead.\nThe aHegations of the petition that defendant was \u201cmentally incompetent\u201d, that \u201cno inquiry about competency was made\u201d, that \u201che did not knowingly and understandingly make the guilty plea\u201d, are said to be supported by the further allegations in the petition,\n\u201cThat in the five years prior to his conviction, he had been treated for mental disorder at the Relleview City Hospital, New York, New York, the Central Islip State Hospital, Long Island, New York and St. Therese Hospital, Waukegan, Illinois.\u201d\nThe court properly denied the petition without an evidentiary hearing. The circumstances of hospitalization for treatment of mental disorder three times in the five years prior to the conviction, conceded by the court to be factually true, were insufficient to raise a bona fide issue as to defendant\u2019s competence at the time of the entry of the plea. (People v. Slaughter (1970), 46 Ill.2d 114, 119; People v. Barkan (1970), 45 Ill.2d 261, 263-4; People v. Olson (1970), 46 Ill.2d 167, 171-2; People v. Franklin (1971), 48 Ill.2d 254, 256-7.) Appointed counsel for defendant was asked to state any factual matters to which the defendant could testify if brought back for a hearing and repfied that \u201cI know of none other than as set forth in the amended petition.\u201d\nWe have studied the whole record. There is no mention of the defendant\u2019s hospitalization until the post-conviction proceedings some one and one-half years after the plea was taken. There is no indication in defendant\u2019s responses throughout many court appearances to support his present argument in any way. The court, from its own observation, saw nothing to indicate that the defendant was incompetent throughout any of the proceedings. The presentence report adds the additional affirmative opinion by the probation officer \"that the defendant related well and was able to provide insight into his problems\u201d, and the conclusion that they were \u201cdeep insights\u201d.\nContrary to defendant\u2019s further contention, the record clearly shows that appointed counsel were not \"incompetent\u201d or \u201cineffective\u201d in their representation at any stage of the proceedings.\nThe order denying the post-conviction petition is affirmed.\nOrder affirmed.\nABRAHAMSON and T. MORAN, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE SEIDENFELD"
      }
    ],
    "attorneys": [
      "Kenneth L. Gillis, of Defender Project, of Chicago, for appellant.",
      "Jack Hoogasian, State\u2019s Attorney, of Waukegan, (James W. Jerz, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Alphonso Johnson (Impleaded), Defendant-Appellant.\n(No. 72-36;\nSecond District\nAugust 23, 1972.\nKenneth L. Gillis, of Defender Project, of Chicago, for appellant.\nJack Hoogasian, State\u2019s Attorney, of Waukegan, (James W. Jerz, of counsel,) for the People."
  },
  "file_name": "0092-02",
  "first_page_order": 114,
  "last_page_order": 116
}