People v. Brown

808 N.E.2d 1113, 347 Ill. App. 3d 1029, 283 Ill. Dec. 825, 2004 Ill. App. LEXIS 410
CourtAppellate Court of Illinois
DecidedApril 22, 2004
Docket4-02-0557 Rel
StatusPublished
Cited by2 cases

This text of 808 N.E.2d 1113 (People v. Brown) 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. Brown, 808 N.E.2d 1113, 347 Ill. App. 3d 1029, 283 Ill. Dec. 825, 2004 Ill. App. LEXIS 410 (Ill. Ct. App. 2004).

Opinion

JUSTICE COOK

delivered the opinion of the court:

Eager Brown appeals the summary dismissal of his petition for postconviction relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 through 122 — 8 (West 2002)). We affirm.

I. BACKGROUND

Police bearing a warrant searched Brown’s house in Champaign on June 25, 2001, and found 13.1 grams of crack cocaine in Brown’s pocket. Brown received Miranda warnings (see Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966)), waived his rights, and admitted that he sold crack to approximately five regular customers to cover his living expenses.

On September 13, 2001, Brown pleaded guilty to possession of a controlled substance with intent to deliver within 1,000 feet of a public park (720 ILCS 570/407(b)(l) (West 2002)), a Class X offense. Before accepting his plea, the trial court admonished him of his right to plead not guilty and to have a trial either by a jury or by the court. The court stated what Brown was charged with, informed him of the possible penalties, and confirmed that he was pleading guilty of his own free will, not because of threats or force applied by anyone.

The trial court then heard the factual basis for the plea and asked whether the plea had been negotiated. The assistant State’s Attorney and Brown’s attorney agreed that Brown was pleading guilty in exchange for a sentence of 12 years in prison, with credit for 101 days already served. In addition, Brown was to pay miscellaneous fines and fees. Brown concurred that this was the agreement that had been made. Finally, the court asked Brown whether any other promises or conditions were associated with the plea, and he responded that there were not. Brown then persisted in pleading guilty.

The trial court had earlier instructed a group of three defendants, with Brown present, on their rights under Supreme Court Rule 605 (188 Ill. 2d R. 605) (effective November 1, 2000). The court stated:

“[Y]ou do have the right, if you wish to, to ask to attempt to withdraw the guilty plea that you have entered into today. If you wish to attempt to do that, you will have to file a motion, in writing, with the clerk of the court within the next thirty days. That motion would have to state all of the errors that occurred in taking your plea here today. Any errors left out of that motion, you give it up forever and cannot rely on it later. In that motion, if it’s allowed, any matters that were dismissed could be reinstated and this matter could be reinstated and you could have a trial on everything. If the motion was denied, you could appeal this matter.”

Following Brown’s plea, the court asked him if he had heard the above instructions, and Brown replied that he had.

Brown never did attempt to withdraw his guilty plea or to file a direct appeal. Assisted by an attorney, on March 19, 2002, he filed a petition for postconviction relief, alleging that he had not voluntarily pled guilty. According to the petition, the plea was “the product of force and duress” because his trial lawyer did not adequately inform him of his options, did not negotiate with the prosecution, falsely informed him that he could not move to reconsider the sentence, and did not explain to him how the location enhancement for proximity to a public park operated.

On April 2, 2002, the circuit court dismissed this petition as frivolous or patently without merit, on the grounds that (1) the issue raised had been waived and (2) in any case, the record showed that the plea had been voluntary.

II. ANALYSIS

Brown appeals and raises several new arguments. He claims that his right to due process was violated because he did not receive proper admonishment of his right to appeal under Supreme Court Rule 605(b) and that he was denied effective assistance of trial counsel in various ways. In addition, he argues that he was denied reasonable assistance of postconviction counsel because she did not raise the issue that his trial counsel was ineffective.

We begin by addressing the circuit court’s decision to dismiss the petition as it was submitted. The court may summarily dismiss a postconviction petition if it fails to raise the gist of a constitutional claim. People v. Edwards, 197 Ill. 2d 239, 244, 757 N.E.2d 442, 445 (2001). In making this determination, the court may consider the file of the original proceeding and may dismiss if the record positively rebuts the allegations in the petition. 725 ILCS 5/122 — 2.1(c) (West 2002); People v. Little, 335 Ill. App. 3d 1046, 1051, 782 N.E.2d 957, 962 (2003). In addition, because the Act is not designed to serve as a method of appeal (People v. Scott, 194 Ill. 2d 268, 273, 742 N.E.2d 287, 291 (2000)), a petitioner may therefore raise only those “ ‘constitutional matters which have not been, and could not have been, previously adjudicated.’ ” Scott, 194 Ill. 2d at 273-74, 742 N.E.2d at 291-92, quoting People v. Winsett, 153 Ill. 2d 335, 346, 606 N.E.2d 1186, 1193 (1992).

The circuit court here found that Brown could have filed a motion to vacate his plea, rather than a postconviction petition, to allege that the plea was involuntary. The claim was therefore waived. We agree with this conclusion. Moreover, the record reveals that Brown did not plead guilty until the trial court had carefully admonished him of his rights, established the factual basis of the plea, and determined that Brown was pleading voluntarily. As the postconviction court noted, when the trial court properly and meticulously admonishes the defendant of his rights and establishes the voluntariness of the plea, this should not be disregarded as an empty formality. People v. Jones, 144 Ill. 2d 242, 263, 579 N.E.2d 829, 838 (1991). Accordingly, the circuit court did not err in finding that Brown’s plea was voluntary and that his postconviction petition was frivolous and patently without merit.

What we have said so far would decide this case, except that Brown has attempted to raise additional arguments on appeal. We note that a postconviction petitioner generally may not raise on appeal any claim that was not presented in his petition for postconviction relief. 725 ILCS 5/122 — 3 (West 2002); People v. McNeal, 194 Ill. 2d 135, 147, 742 N.E.2d 269, 275 (2000). Brown argues now that he was denied due process because the trial court did not properly admonish him of his right to appeal under Supreme Court Rule 605(b)(2) (188 Ill. 2d R. 605(b)(2)).

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Cite This Page — Counsel Stack

Bluebook (online)
808 N.E.2d 1113, 347 Ill. App. 3d 1029, 283 Ill. Dec. 825, 2004 Ill. App. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brown-illappct-2004.