People v. CORREDOR

927 N.E.2d 1231, 399 Ill. App. 3d 804
CourtAppellate Court of Illinois
DecidedApril 5, 2010
Docket2—08—0683, 2—08—0684 cons.
StatusPublished
Cited by10 cases

This text of 927 N.E.2d 1231 (People v. CORREDOR) 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. CORREDOR, 927 N.E.2d 1231, 399 Ill. App. 3d 804 (Ill. Ct. App. 2010).

Opinion

JUSTICE HUDSON

delivered the opinion of the court:

Defendant, Juan Corredor, appeals from an order recharacterizing his motion for an order nunc pro tunc as a petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 2008)) and dismissing it. He contends that the court erred in recharacterizing the motion without first giving him the admonitions required under People v. Shellstrom, 216 Ill. 2d 45 (2005). We agree; accordingly, we vacate the dismissal and remand the matter for Shellstrom admonitions.

I. BACKGROUND

In case No. 05 — CF—509, on March 24, 2005, a grand jury indicted defendant on three counts of aggravated criminal sexual abuse (720 ILCS 5/12 — 16(c)(l)(i) (West 1998)). On May 18, 2006, a grand jury indicted him on three counts of predatory criminal sexual assault of a child (720 ILCS 5/12 — 14.1(a)(1) (West 1998)). On August 30, 2007, defendant pleaded guilty to the three aggravated-criminal-sexual-abuse counts. On September 27, 2007, the court sentenced him to five years’ imprisonment, consecutive to his sentence in case No. 06— CF — 1456.

In case No. 06 — CF—1456, on June 8, 2006, a grand jury indicted defendant on three counts of harassment of a witness (720 ILCS 5/32— 4a(a)(2) (West 2006)). The charges stemmed from defendant’s contacts with witnesses in case No. 05 — CF—509. On August 30, 2007, the same day that defendant entered his plea in the other case, he entered a guilty plea to one count here. The court sentenced him to three years’ imprisonment on September 27, 2007, the same day that the court sentenced him in the other case. Defendant filed a late pro se motion for reconsideration of his sentence. The court ruled that it lacked jurisdiction and denied it.

On May 28, 2008, defendant filed a “Motion for Order Nunc pro Tunc” using a preprinted form and referencing both cases. He asserted that he was entitled to 501 days’ credit for time served in each case. A handwritten portion of the motion alleged that the court had told him that he would receive credit against each sentence and that the Department of Corrections was not calculating his sentences accordingly. On June 17, 2008, the court entered an order stating that defendant’s motion was “treated as a postconviction motion [sic]” and dismissed. On July 22, 2008, defendant filed a notice of appeal.

Defendant later moved in this court for leave to file a late notice of appeal, a motion that this court granted. He now argues that the rule in Shellstrom required the trial court to notify him that it intended to recharacterize the pleading, warn him that the recharacterization would mean that any subsequent postconviction petition would be subject to the restrictions on successive postconviction petitions, and allow him to either withdraw the pleading or amend it. The State argues that Shellstrom applies only to actions cognizable under Illinois law and that defendant’s motion was not such an action. Defendant has not argued here that the court’s recharacterization of his motion was an abuse of discretion.

II. ANALYSIS

We hold that the rule in Shellstrom mandated the admonitions under these circumstances. We review de novo the question of whether the trial court has used the proper procedure. See Woods v. Cole, 181 Ill. 2d 512, 516 (1998).

We start by examining the supreme court’s reasoning in Shellstrom. The relevant part of that decision opens with a discussion of a decision, Castro v. United States, 540 U.S. 375, 157 L. Ed. 2d 778, 124 S. Ct. 786 (2003), that dealt with restrictions on prisoners’ rights to file multiple federal habeas corpus motions. In Castro, the defendant filed something that he labeled a Rule 33 (Fed. R. Grim. R 33) motion for a new trial. Castro, 540 U.S. at 378, 157 L. Ed. 2d at 784, 124 S. Ct. at 789. The district court treated it in part as a motion for habeas corpus relief under section 2255 of Title 28 of the United States Code (28 U.S.C. §2255 (2000)). Castro, 540 U.S. at 378, 157 L. Ed. 2d at 784, 124 S. Ct. at 789. When the defendant later filed something that he labeled as a motion for habeas corpus relief, the district court dismissed it for failure to meet the requirements for a successive habeas corpus motion. Castro, 540 U.S. at 378-79, 157 L. Ed. 2d at 785, 124 S. Ct. at 790. The Supreme Court, recognizing the unfairness of the result, created a rule that became the model for the Shellstrom rule:

“[A restriction must apply] when a court recharacterizes a pro se litigant’s motion as a first §2255 motion. *** [T]he district court must notify the pro se litigant that it intends to recharacterize the pleading, warn the litigant that this recharacterization means that any subsequent §2255 motion will be subject to the restrictions on ‘second or successive’ motions, and provide the litigant an opportunity to withdraw the motion or to amend it so that it contains all the §2255 claims he believes he has.” Castro, 540 U.S. at 383, 157 L. Ed. 2d at 787, 124 S. Ct. at 792.

In Shellstrom, the defendant filed a “ ‘Motion to Reduce Sentence, Alternatively, Petition for Writ of Mandamus to Order Strict Compliance with Terms of Guilty Plea,’ ” which the trial court recharacterized as a petition under the Act. Shellstrom, 216 Ill. 2d at 47. The issue on appeal was whether the defendant was entitled to admonitions similar to those in Castro. The State suggested that Castro was inapposite, arguing that Illinois’s restrictions on successive postconviction petitions are less onerous than the federal restrictions on successive section 2255 motions. Shellstrom, 216 Ill. 2d at 55. The court rejected that argument, holding that the cause-and-prejudice test for the filing of a successive postconviction petition is similarly onerous. Shellstrom, 216 Ill. 2d at 55-56. Further, it expressed its concern that the loss of the opportunity to knowingly file an initial petition was unfair:

“Under the summary procedure urged by the State, a circuit court in Illinois could summarily recharacterize as a first postconviction petition a pro se litigant’s pleading that was labeled differently. The litigant would not be given notice or an opportunity to respond. As a result, the pleading that was transformed into the litigant’s first postconviction petition would present only those arguments that the litigant had chosen to include before realizing that he was, in effect, filing a postconviction petition. Any additional arguments that the litigant might have included in a first postconviction petition would be barred from successive petitions unless the litigant could demonstrate cause for failing to bring them and prejudice resulting from that failure.

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Bluebook (online)
927 N.E.2d 1231, 399 Ill. App. 3d 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corredor-illappct-2010.