People v. Breedlove

795 N.E.2d 862, 342 Ill. App. 3d 924, 277 Ill. Dec. 194
CourtAppellate Court of Illinois
DecidedAugust 21, 2003
Docket3-01-0744
StatusPublished
Cited by2 cases

This text of 795 N.E.2d 862 (People v. Breedlove) 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. Breedlove, 795 N.E.2d 862, 342 Ill. App. 3d 924, 277 Ill. Dec. 194 (Ill. Ct. App. 2003).

Opinion

PRESIDING JUSTICE McDADE

delivered the opinion of the court:

Following a jury trial, defendant Alan W Breedlove was convicted of the first degree murder (720 ILCS 5/9 — 1(a)(1) (West 2000)) of Valerie Rakestraw. He was subsequently sentenced to 50 years’ imprisonment. Defendant appeals, claiming that the cause should be remanded to the trial court for admonishments pursuant to Supreme Court Rule 605(a) (Official Reports Advance Sheet No. 21 (October 17, 2001), R. 605(a), eff. October 1, 2001). We affirm the judgment of the circuit court.

BACKGROUND

The record shows that the trial court entered defendant’s conviction on May 24, 2001, and set the cause for a sentencing hearing to be held August 10, 2001. No posttrial motion was filed, and the cause proceeded to sentencing as scheduled. At the close of the hearing, the trial court admonished defendant of his right to appeal and that such right would be preserved only if a notice of appeal was filed in the trial court within 30 days of sentencing. See 188 Ill. 2d R. 605(a). Under the rule in effect at that time, the trial court was not required to admonish a defendant of his obligation to preserve sentencing issues with a written motion filed within 30 days after the imposition of sentence. See 730 ILCS 5/5 — 8—1(c) (West 2000). Defendant did not file a timely postsentencing motion.

ISSUE ON REVIEW

On appeal, defendant argues that “fundamental fairness” requires that the cause be remanded for further admonishments under Rule 605(a), which was amended effective October 1, 2001, nearly two months after defendant was sentenced. The amended rule requires the trial court to admonish a defendant that sentencing issues must be preserved for appeal by filing a timely postsentencing motion. Official Reports Advance Sheet No. 21 (October. 17, 2001), R. 605(a), eff. October 1, 2001. In support of his position, defendant cites People v. Mazar, 333 Ill. App. 3d 244, 775 N.E.2d 135 (2002), which is directly on point.

The State argues that Mazar is poorly reasoned and urges this court to adhere to the reasoning of decisions rendered prior to the October 1, 2001, amendment to Rule 605(a). See People v. Little, 318 Ill. App. 3d 75, 743 N.E.2d 594 (2001); People v. Bailey, 311 Ill. App. 3d 265, 724 N.E.2d 1032 (2000); People v. Kyles, 303 Ill. App. 3d 338, 708 N.E.2d 391 (1998). In each of these cases, the court rejected the defendant’s argument that the trial court must advise defendants of the need to preserve sentencing issues pursuant to section 5 — 8—1(c) of the Unified Code of Corrections (Code) (730 ILCS 5/5 — 8—1(c) (West 2000)).

ANALYSIS

Resolution of the issue before us requires a brief historical overview of Supreme Court Rule 605(a) and related law. Since August 11, 1993, section 5 — 8—1(c) of the Code (730 ILCS 5/5 — 8—1(c) (West 1994)) has required that a defendant file a written postsentencing motion in the trial court to preserve sentencing issues for appellate review. People v. Reed, 177 Ill. 2d 389, 686 N.E.2d 584 (1997). However, prior to October 1, 2001, Rule 605(a) did not include an admonishment about the potential waiver of sentencing issues if no postsentencing motion was filed. See Bailey, 311 Ill. App. 3d 265, 724 N.E.2d 1032.

Between the Reed decision in 1997 and October 1, 2001, several appellate justices urged the supreme court to amend Rule 605(a) to include a section 5 — 8—1(c) admonishment, so that defendants seeking review of their sentences would preserve their sentencing issues by filing the required written motion in the trial court. See, e.g., People v. Corrie, 294 Ill. App. 3d 496, 690 N.E.2d 128 (1998); see also Bailey, 311 Ill. App. 3d at 271, 724 N.E.2d at 1036 (Inglis, J., specially concurring); Little, 318 Ill. App. 3d at 82, 743 N.E.2d at 600 (O’Malley, J., specially concurring). Courts addressing the waiver of sentencing claims declined, however, to read into Rule 605(a) any additional exceptions, limitations or other conditions. See, e.g., Bailey, 311 Ill. App. 3d 265, 724 N.E.2d 1032; Little, 318 Ill. App. 3d 75, 743 N.E.2d 594.

In Little, the court expressly noted that a defendant who failed to preserve a sentencing issue by filing a written postsentencing motion pursuant to section 5 — 8—1(c) did not forfeit a substantive right, because he could still assert plain error on review. Little, 318 Ill. App. 3d 75, 743 N.E.2d 594; see also Kyles, 303 Ill. App. 3d 338, 708 N.E.2d 391; Bailey, 311 Ill. App. 3d 265, 724 N.E.2d 1032. Accordingly, the court declined to find that due process was denied by the lack of such admonishment. Little, 318 Ill. App. 3d 75, 743 N.E.2d 594.

After Rule 605(a) was amended to require trial courts to include the section 5 — 8—1(c) admonishment, the appellate court revisited the waiver of sentencing issues in Mazar. In Mazar, as here, the trial court imposed sentence prior to October 1, 2001. On review, the court acknowledged that the admonishments Mazar had received complied with the version of Rule 605(a) in effect at the time the defendant was sentenced (145 Ill. 2d R. 605(a)). Mazar, 333 Ill. App. 3d 244, 775 N.E.2d 135. It does not appear that Mazar claimed error in the sentence imposed, and the appellate court found that the admonishments as given by the trial court did not deprive Mazar of due process. Mazar, 333 Ill. App. 3d 244, 775 N.E.2d 135. Nevertheless, analogizing to guilty plea cases arising under unamended Rule 605(b) (e.g., People v. Leahy, 322 Ill. App. 3d 974, 751 N.E.2d 634 (2001)), the court ruled that “fundamental fairness” required that the case be remanded to the trial court for further admonishments under Rule 605(a), as amended effective October 1, 2001. Mazar, 333 Ill. App. 3d 244, 775 N.E.2d 135.

In our opinion, the Mazar court misapplied the concept of “fundamental fairness” to reach its result.

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Related

People v. Breedlove
821 N.E.2d 1176 (Illinois Supreme Court, 2004)

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Bluebook (online)
795 N.E.2d 862, 342 Ill. App. 3d 924, 277 Ill. Dec. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-breedlove-illappct-2003.