People v. Andrews

936 N.E.2d 648, 403 Ill. App. 3d 654, 344 Ill. Dec. 119, 2010 Ill. App. LEXIS 910
CourtAppellate Court of Illinois
DecidedAugust 18, 2010
Docket4-06-0904
StatusPublished
Cited by36 cases

This text of 936 N.E.2d 648 (People v. Andrews) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Andrews, 936 N.E.2d 648, 403 Ill. App. 3d 654, 344 Ill. Dec. 119, 2010 Ill. App. LEXIS 910 (Ill. Ct. App. 2010).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In December 2005, defendant, Justin J. Andrews, pleaded guilty to attempt (burglary) (720 ILCS 5/8 — 4(a), 19 — 1(a) (West 2004)) pursuant to a fully negotiated guilty plea. After accepting defendant’s guilty plea, the trial court sentenced him to six years in prison.

In July 2006, defendant filed an amended petition for relief under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 through 122 — 8 (West 2006)), which the trial court later denied.

Defendant appealed, arguing that (1) this court should reverse the trial court’s judgment and remand for an evidentiary hearing because it was unclear at what stage of the postconviction proceedings the court dismissed his amended postconviction petition and (2) he was denied the benefit of his plea agreement with the State when the court failed to admonish him in accordance with Supreme Court Rule 402 (177 Ill. 2d R. 402) that he would be required to serve an additional one-year mandatory-supervised-release (MSR) term after serving his six-year sentence. This court rejected defendant’s arguments and affirmed. People v. Andrews, No. 4—06—0904 (March 7, 2008) (unpublished order under Supreme Court Rule 23).

Defendant later filed a petition for leave to appeal to the Supreme Court of Illinois. The supreme court denied that petition but also entered the following supervisory order:

“In the exercise of this Court’s supervisory authority, the Appellate Court, Fourth District, is directed to vacate its order in People v. Andrews, No. 4—06—0904 (March 7, 2008). The appellate court is instructed to reconsider its decision in light of People v. Morris, 236 Ill. 2d 345[, 925 N.E.2d 1069] (2010), to determine whether a different result is warranted.” People v. Andrews, 236 Ill. 2d 509, 925 N.E.2d 1162 (2010) (nonprecedential supervisory order on denial of petition for leave to appeal).

In accordance with the supreme court’s directive, we vacate our earlier decision in this case. After reconsidering this case in light of Morris, we conclude that a different result is not warranted. Accordingly, we affirm the trial court’s denial of defendant’s amended post-conviction petition.

I. BACKGROUND

In December 2005, the State filed an amended information charging defendant with (1) burglary (720 ILCS 5/19 — 1(a) (West 2004)) and (2) attempt (burglary) (720 ILCS 5/8 — 4(a), 19 — 1(a) (West 2004)). At a hearing later that same month, defendant pleaded guilty to attempt (burglary) (720 ILCS 5/8 — 4(a), 19 — 1(a) (West 2004)) pursuant to a fully negotiated guilty plea. In exchange for defendant’s guilty plea, the State dismissed the burglary charge and recommended that the trial court impose a six-year prison sentence. The court then admonished defendant, in pertinent part, as follows:

“As charged [attempt (burglary)] is a Class 3 felony. If convicted of this offense, the normal maximum penalty is [two] to [five] years in prison and a fine of up to $25,000. By virtue of your prior convictions, you would be eligible for an extended term sentence. So, instead of 2 to 5 [years], it’s 2 to 10 years in prison. If convicted and sentenced to prison, there would then be 1 year [of MSR], or what used to be known as parole.” (Emphasis added.)

In response to the trial court’s direct inquiry, defendant stated, in pertinent part, that he understood the charge he was pleading guilty to and the range of possible sentences. The court then (1) admonished defendant further regarding the consequences of entering a guilty plea, (2) accepted defendant’s guilty plea, and (3) sentenced him to six years in prison.

In June 2006, defendant pro se filed a petition for postconviction relief under the Act, alleging (1) a violation of his constitutional rights in that his guilty-plea counsel agreed to a greater sentence than the applicable two- to five-year sentencing range for attempt (burglary) and (2) that the trial court failed to admonish him that he was (a) eligible for an extended-term sentence and (b) required to serve a one-year MSR term after serving his six-year sentence.

At a hearing later that same month, the trial court appointed counsel to represent defendant. In July 2006, defendant filed an amended postconviction petition, arguing only that the court did not comply with Rule 402(a) (177 Ill. 2d R. 402(a)). Specifically, defendant contended that the court failed to admonish him before accepting his guilty plea that a one-year MSR term would be added to his negotiated six-year sentence. Defendant requested that the court afford him the benefit of his plea agreement with the State by modifying his sentence to five years in prison followed by a one-year MSR term.

At an August 2006 hearing, the trial court granted defendant’s motion for a continuance, without objection, so that counsel could consider whether to include another issue to the amended postconviction petition. At a September 2006 hearing, the court again continued the hearing. At that time, defendant’s postconviction counsel informed the court that he did not intend to add any further claims to defendant’s amended postconviction petition.

At a later hearing in September 2006, the following exchange occurred:

“THE COURT: *** This matter *** had originally been set for hearing on [defendant’s] post[ ]conviction petition, and [the court believes] there was some question as to whether or not [defendant] [w]ould be [adding] other issues. What’s the status ***?
[DEFENSE COUNSEL]: Your Honor, I believe the last time we were in court I informed the court and [the State] that [defendant] would not be adding anything further to his amended post[ ]conviction petition.
THE COURT: All right, [is the State] ready to be heard ***?
[THE STATE: Yes.]
THE COURT: [Defense Counsel], you may be heard.”

Relying on the supreme court’s decision in People v. Whitfield, 217 Ill. 2d 177, 840 N.E.2d 658 (2005), defendant argued that the trial court violated his due-process rights by failing to admonish him in accordance with Rule 402 (177 Ill. 2d R. 402). Specifically, defendant contended that the court failed to inform him prior to accepting his guilty plea that a one-year MSR term would be added to his six-year sentence.

In response, the State argued that Whitfield was inapposite because in that case, the trial court did not admonish the defendant regarding an MSR term. In the present case, on the other hand, the court did admonish defendant about an MSR term.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. McAtee
2024 IL App (1st) 220842-U (Appellate Court of Illinois, 2024)
People v. Williams
2024 IL App (4th) 230115-U (Appellate Court of Illinois, 2024)
People v. Maniwa
2024 IL App (4th) 221079-U (Appellate Court of Illinois, 2024)
People v. Payton
2023 IL App (4th) 220890-U (Appellate Court of Illinois, 2023)
People v. Chambers
2023 IL App (4th) 190523-U (Appellate Court of Illinois, 2023)
People v. Wanke
2022 IL App (2d) 210136-U (Appellate Court of Illinois, 2022)
People v. Sustaita
2022 IL App (4th) 210479-U (Appellate Court of Illinois, 2022)
People v. Campbell
2022 IL App (4th) 200146-U (Appellate Court of Illinois, 2022)
People v. Clark
2022 IL App (4th) 200368-U (Appellate Court of Illinois, 2022)
People v. Nowlin
2021 IL App (4th) 190851-U (Appellate Court of Illinois, 2021)
People v. McNeely
2021 IL App (4th) 190418-U (Appellate Court of Illinois, 2021)
People v. Erves
2020 IL App (1st) 171135 (Appellate Court of Illinois, 2020)
People v. Levi
2020 IL App (4th) 180680-U (Appellate Court of Illinois, 2020)
People v. Mowen
2020 IL App (4th) 180067-U (Appellate Court of Illinois, 2020)
People v. Boykins
2017 IL 121365 (Illinois Supreme Court, 2017)
People v. Thompson
2016 IL App (3d) 140586 (Appellate Court of Illinois, 2016)
People v. Serrano
2016 IL App (1st) 133493 (Appellate Court of Illinois, 2016)
People v. Montanez
2016 IL App (1st) 133726 (Appellate Court of Illinois, 2016)
People v. Thomas
2014 IL App (2d) 121001 (Appellate Court of Illinois, 2014)
People v. Chester
2014 IL App (4th) 120564 (Appellate Court of Illinois, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
936 N.E.2d 648, 403 Ill. App. 3d 654, 344 Ill. Dec. 119, 2010 Ill. App. LEXIS 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-andrews-illappct-2010.