Defendant claims the evidence established that he was denied his constitutional right to conflict-free representation when Prusak jointly represented defendant and Lowell. The sixth and fourteenth amendments to the United States Constitution guarantee the right to effective assistance of counsel. Cuyler v. Sullivan, 446 U.S. 335, 343-44, 64 L. Ed. 2d 333, 343-44, 100 S. Ct. 1708, 1715-16 (1980); People v. Mahaffey, 165 Ill. 2d 445, 456 (1995); People v. Vriner, 74 Ill. 2d 329, 337 (1978). A criminal defendant's sixth amendment right to effective assistance of counsel includes the right to conflict-free representation.
A jury convicted the petitioner in the Circuit Court of Champaign County, Illinois of unlawful use of weapons and of armed violence. His conviction was affirmed by the Illinois Appellate Court, 53 Ill. App.3d 1105, 15 Ill.Dec. 30, 373 N.E.2d 124 (1977), and by the Illinois Supreme Court, 74 Ill.2d 329, 24 Ill.Dec. 530, 385 N.E.2d 671 (1978). The United States Supreme Court denied certiorari.
A criminal conviction will not be set aside unless the evidence is so improbable or unsatisfactory that it creates a reasonable doubt of the defendant's guilt. ( People v. Vriner (1978), 74 Ill.2d 329, 342; People v. Manion (1977), 67 Ill.2d 564, 578; People v. Bybee (1956), 9 Ill.2d 214, 221.) Although the testimony of an accomplice is viewed with suspicion ( People v. Baynes (1981), 88 Ill.2d 225, 232; People v. Todaro (1958), 14 Ill.2d 594, 602), we have repeatedly held that it is sufficient to sustain a conviction if it satisfies the jury of the defendant's guilt beyond a reasonable doubt ( People v. Farnsley (1973), 53 Ill.2d 537, 544-45; People v. Coleman (1971), 49 Ill.2d 565, 573; People v. Wollenberg (1967), 37 Ill.2d 480, 484-85; People v. Hansen (1963), 28 Ill.2d 322, 332-33).
Although it has been determined both by the United States Supreme Court and this court that joint representation of codefendants is not per se violative of constitutional guarantees of effective assistance of counsel (see Glasser v. United States (1942), 315 U.S. 60, 86 L.Ed. 680, 62 S.Ct. 457; Holloway v. Arkansas (1978), 435 U.S. 475, 55 L.Ed.2d 426, 98 S.Ct. 1173; People v. Precup (1978), 73 Ill.2d 7; People v. Durley (1972), 53 Ill.2d 156), the question has arisen repeatedly whether particular cases involving joint representation of codefendants involve defenses so antagonistic as to create a conflict of interest. (See, e.g., People v. Vriner (1978), 74 Ill.2d 329; People v. Echols (1978), 74 Ill.2d 319; People v. Berland (1978), 74 Ill.2d 286; People v. Precup (1978), 73 Ill.2d 7; People v. Durley (1972), 53 Ill.2d 156; People v. Johnson (1970), 46 Ill.2d 266; People v. Robinson (1969), 42 Ill.2d 371; People v. Ware (1968), 39 Ill.2d 66; People v. McCasle (1966), 35 Ill.2d 552.) The question to be addressed in cases where codefendants are jointly represented by one attorney or entity is whether there was an "`actual conflict of interest manifested at trial.'"
Turner, 128 Ill.2d at 561, 539 N.E.2d at 1205. Similarly, in People v. Vriner (1978), 74 Ill.2d 329, 385 N.E.2d 671, cert. denied (1979), 442 U.S. 929, 61 L.Ed.2d 296, 99 S.Ct. 2858, the court found no error in a prosecutor's statement that he personally believed the defendant was guilty when the defense counsel had argued that even the prosecution was not persuaded beyond a reasonable doubt. ( Vriner, 74 Ill.2d at 344, 385 N.E.2d at 677.)
The sixth and fourteenth amendments to the United States Constitution guarantee the right of effective assistance of counsel. ( Cuyler v. Sullivan (1980), 446 U.S. 335, 343, 64 L.Ed.2d 333, 343, 100 S.Ct. 1708, 1715; People v. Vriner (1978), 74 Ill.2d 329, 337, 385 N.E.2d 671, 674.) The assistance of counsel means "assistance which entitles an accused to the undivided loyalty of his counsel and which prohibits the attorney from representing conflicting interests or undertaking the discharge of inconsistent obligations."
• 4 We find defendant's argument to be without merit. It is for the jury to evaluate the credibility of the witnesses and the reliability of their testimony. ( People v. Vriner (1978), 74 Ill.2d 329, 342, 385 N.E.2d 671, cert. denied (1979), 442 U.S. 929, 61 L.Ed.2d 296, 99 S.Ct. 2858; People v. Easter (1981), 102 Ill. App.3d 974, 980, 430 N.E.2d 612.) Although the trial court denied defendant's motions, it allowed the defense to recall Courts as a witness before the jury and question him regarding his earlier fabricated testimony. The Lloyd jury heard Courts admit his earlier misstatements as well as his involvement in the crime.
The failure to convict one codefendant does not raise a reasonable doubt as to the guilt of the other codefendant unless it is demonstrated that the evidence against both defendants is identical in all respects. ( People v. Vriner (1978), 74 Ill.2d 329, 343, 385 N.E.2d 671; People v. Stock (1974), 56 Ill.2d 461, 465, 309 N.E.2d 19. See Annot., 22 A.L.R. 3d 717 (1968).
The State responds that no conflict, in fact, developed in the course of trial since Gregory testified in support of the alibi defense as to both defendants. • 1 It is undisputed that the sixth and fourteenth amendments to the United States Constitution guarantee the right of effective assistance of counsel which is denied if defendants whose interests are in conflict are required to be represented by the same attorney. ( People v. Vriner, 74 Ill.2d 329, 337 (1978).) Moreover, if a conflict in fact exists the requirement of joint representation over timely objection requires reversal without a showing of prejudice. ( Holloway v. Arkansas, 435 U.S. 475, 488, 55 L.Ed.2d 426, 437, 98 S.Ct. 1173, 1181 (1978).
Such was the case here. • 2 Although joint representation of codefendants is not a per se violation of the right to effective assistance of counsel ( Holloway v. Arkansas (1978), 435 U.S. 475, 55 L.Ed.2d 426, 98 S.Ct. 1173) and a conflict of interests among codefendants is not inherent in joint representation situations merely by virtue of such representation ( People v. Vriner (1978), 74 Ill.2d 329, 385 N.E.2d 671; People v. Berland (1978), 74 Ill.2d 286, 385 N.E.2d 649), our supreme court has recognized two distinct situations which entitle a defendant to prevail on a claim of ineffective assistance of counsel because of joint representation of codefendants. People v. Vriner (1978), 74 Ill.2d 329, 337-42.