People v. Bredemeier

805 N.E.2d 261, 346 Ill. App. 3d 557, 281 Ill. Dec. 893, 2004 Ill. App. LEXIS 104
CourtAppellate Court of Illinois
DecidedFebruary 6, 2004
Docket5-02-0593 Rel
StatusPublished
Cited by3 cases

This text of 805 N.E.2d 261 (People v. Bredemeier) 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. Bredemeier, 805 N.E.2d 261, 346 Ill. App. 3d 557, 281 Ill. Dec. 893, 2004 Ill. App. LEXIS 104 (Ill. Ct. App. 2004).

Opinions

JUSTICE HOPKINS

delivered the opinion of the court:

The plaintiff, the State of Illinois, appeals from the trial court’s dismissal of its petition to revoke probation, which had been filed against the defendant, David W. Bredemeier. On appeal, the State argues that the trial court erred in holding that a six-year delay in prosecuting its petition to revoke probation was “presumptively prejudicial” and in dismissing its petition to revoke probation. We affirm.

FACTS

Following a jury trial in Marion County, Illinois, the défendant was convicted of unlawful possession of a weapon by a felon (720 ILCS 5/24 — 1.1(a) (West 1994)). On February 10, 1995, the court sentenced the defendant to 30 months’ probation.

On May 17, 1996, the defendant was convicted of attempted burglary in Gibson County, Indiana, and was sentenced to eight years’ incarceration, with two years suspended to probation. On May 30, 1996, the Marion County, Illinois, State’s Attorney filed a petition to revoke probation, based upon the 1996 Indiana conviction. The court issued a warrant for the defendant’s arrest on June 27, 1996, which the defendant acknowledged he received, apparently while he was incarcerated in Indiana.

On July 24, 1998, the defendant sent to the Marion County courthouse a letter requesting a certified copy of the docket sheet regarding the petition to revoke probation. He stated that he needed this document for evidence when he filed his motion for a speedy trial. The defendant further stated:

“Please also provide me with the trial rules of your court as I do not have access to such documents in the Indiana Department of Corrections. Also, if there has been a lawyer appointed to represent me in this cause of action, please send the name and address of such, as he/she may be able to get the information that I am now requesting.”

On April 7, 1999, the defendant filed a pro se “Motion for Relief from Judgment.” On August 11, 2000, the defendant sent to the circuit clerk a letter asking that counsel be appointed to represent him in the proceedings on the petition to revoke probation. On September 29, 2000, the defendant sent another letter to the circuit clerk and again asked that counsel be appointed to represent him in proceedings on the petition to revoke probation. On October 16, 2000, the defendant sent the judge a letter, which stated, in pertinent part:

“I have been trying since 1996 to get a probation matter resolved. I have requested that an attorney be appointed to represent me in this matter to know [sic] avail. Three weeks ago, I wrote the court asking that a[n] attorney be appointed to assist me and I have not heard anything. The State of Illinois filed a Petition for Revocation against me in July of 1996.1 have been incarcerated in the Indiana Department of Corrections for almost (5) five years. I have approximately (27) twenty[-]seven months remaining on my Indiana sentence.
Also, he advised that all my fines have been paid in full, [and] I have requested a fast and speedy [trial] to this matter since it affects my elgibility [sic] to be classified as a level one, et Trusty Status [sic] etc.”

On December 4, 2000, the defendant sent a letter to the court, which stated:

“I recently recieved [sic] correspondence from the Clerk of the Court indicating that the court could not take action on my Probation revocation until I complete my Indiana sentence.
Sir, Indiana DOC officials have informed me that if the Illinois Court sends a Transport Order, it would be honored.”

All the documents the defendant sent to the court indicated a return address in the Indiana Department of Corrections.

On June 28, 2002, the defendant appeared in court pro se, at which time the trial court appointed counsel for him. The record reflects that the defendant had served his sentence in Indiana at that time.

On July 8, 2002, the defendant filed a motion to dismiss the petition to revoke probation. In his motion, the defendant argued that the State’s delay in prosecuting the petition violated his due process rights. At the hearing held on the defendant’s motion on July 17, 2002, the prosecutor acknowledged that the only prejudice the defendant could claim is that he lost his chance to ask that his sentence in Illinois run concurrently with his sentence in Indiana. The prosecutor stated that he could have asked for a writ but that Indiana would not have honored it. The prosecutor, apparently relying on section 3 — 8—9 of the Unified Code of Corrections (730 ILCS 5/3 — 8—9 (West 2002)), advised the court that he had no authority to extradite the defendant from Indiana because a petition to revoke probation is not an “untried complaint, charge[,] or indictment pending against him.” The prosecutor acknowledged that he did not try to have the defendant brought to Illinois for the petition to revoke probation while the defendant was incarcerated in Indiana. The prosecutor also acknowledged that the defendant had sent both the State’s Attorney’s office and the court some letters saying that the defendant wanted to be brought to Illinois from Indiana to take care of the probation revocation proceeding while he was in custody. The prosecutor indicated that he intended to seek the minimum sentence following the revocation of the defendant’s probation, i.e., two years’ incarceration.

On July 24, 2002, the trial court entered its order granting the defendant’s motion to dismiss the petition to revoke probation. The trial court held that it was fundamentally unfair to delay a hearing on the petition for more than six years and that the State’s failure to try to have a hearing on the petition violated the defendant’s right to a prompt hearing. The court also noted that there was no evidence that the State had tried and failed to get the defendant back to Illinois when everyone knew where he was and that he wanted a hearing. At the hearing on the State’s motion to reconsider, the court reiterated its prior ruling and stated that the State’s delay was presumptively prejudicial. The State appeals the trial court’s dismissal of the petition to revoke probation.

ANALYSIS

On appeal, the State argues that there can be no “presumption” that a lengthy delay in a probation revocation proceeding is inherently prejudicial because there is no talismanic formula for determining whether a probation revocation hearing was held within a reasonable time. The State therefore contends that the trial court’s ruling that the delay was “presumptively prejudicial” was error. The State also argues that it was the defendant’s burden to show that the petition to revoke should be dismissed and that the defendant failed to meet that burden. The State also argues that the defendant failed to show that he was prejudiced by the delay in prosecuting the petition to revoke probation. In addition to answering the State’s arguments, the defendant argues that the State’s appeal should be dismissed for lack of jurisdiction because Supreme Court Rule 604(a) (188 Ill. 2d R. 604(a)) makes no provision for the appeal of a dismissal of a petition to revoke probation.

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2018 IL App (1st) 153156 (Appellate Court of Illinois, 2018)
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Cite This Page — Counsel Stack

Bluebook (online)
805 N.E.2d 261, 346 Ill. App. 3d 557, 281 Ill. Dec. 893, 2004 Ill. App. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bredemeier-illappct-2004.