People v. Cox

554 N.E.2d 360, 197 Ill. App. 3d 239, 143 Ill. Dec. 425, 1990 Ill. App. LEXIS 433
CourtAppellate Court of Illinois
DecidedMarch 30, 1990
Docket1-87-2849
StatusPublished
Cited by22 cases

This text of 554 N.E.2d 360 (People v. Cox) 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. Cox, 554 N.E.2d 360, 197 Ill. App. 3d 239, 143 Ill. Dec. 425, 1990 Ill. App. LEXIS 433 (Ill. Ct. App. 1990).

Opinions

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

This appeal arises from an order of the circuit court of Cook County revoking the probation of Leonard Cox (defendant) and sentencing him to six years’ imprisonment and two years’ mandatory supervised release. Defendant’s sentence was imposed following a stipulated probation revocation hearing. The sole issue presented for our review is whether defendant has been denied due process of law, where the trial court did not admonish defendant of his right to a hearing or establish that defendant voluntarily stipulated to certain facts or understood the consequences of his stipulation. For the reasons set forth below, we affirm.

In August 1985, defendant was charged by indictment for the burglary of Kahlil Mohmoud’s store located at 5959 South State Street in Chicago, Illinois, on or about July 21, 1985. On December 12, 1986, defendant entered a negotiated plea of guilty to the charge and was subsequently sentenced to 48 months’ probation, with the following conditions: (1) participation in the Safer Basic Skills Program; (2) one-year home confinement seven days a week from 7 p.m. to 7 a.m.; and (3) one year’s periodic imprisonment, stayed pending the outcome of defendant’s home confinement and participation in the Safer Program.

On March 31, 1987, the State filed a petition to vacate defendant’s probation, based upon defendant’s failure to enter the Safer Program. After finding that defendant violated his probation, the trial court resentenced defendant to 48 months’ probation, one-year periodic imprisonment, one-year home confinement, beginning May 27, 1987, and immediate enrollment in a GED program.

On June 25, 1987, the State filed a second petition to vacate defendant’s probation, alleging that defendant had violated the terms of his home confinement. Defendant failed to appear for the hearing, and the court issued an arrest warrant.

On August 31, 1987, defendant, represented by counsel, proceeded to a stipulated hearing on the violation of probation charge. The stipulation indicated that if called to testify, defendant’s probation officer would state that defendant did not receive the telephone calls the officer made to defendant’s home on June 6, 1987, at 8:15 p.m. and 8:10 p.m. on June 23, 1987. Defendant presented no evidence as to the allegations contained in the violation of probation petition.

The trial court entered a finding of guilty on the violation of probation charge and proceeded to a hearing in aggravation and mitigation. Defendant waived his right to a presentence investigation report and presented no evidence in mitigation of the violation. The State relied solely upon aggravating factors presented during an in-chambers conference1 and in the pretrial report. Subsequently, the trial court sentenced defendant to six years’ imprisonment.

On appeal, defendant asserts that the consequences of a determination that a probation order has been violated are so serious that a defendant is entitled to many of the same due process safeguards accorded to a defendant at a trial to determine his guilt. Defendant contends that the trial court’s order revoking his probation must be reversed because the stipulation presented during the probation revocation hearing was tantamount to a guilty plea pursuant to Supreme Court Rule 402 (107 Ill. 2d R. 402) and the court failed to provide defendant with the basic constitutional due process safeguards outlined in Rule 402. Specifically, defendant asserts that the trial court failed to minimally determine whether: (1) defendant knew the specific allegations in the petition; (2) defendant was aware of his right to a hearing with counsel present; (3) defendant’s admission was not based on any promises or coercion; and (4) defendant understood the consequences of his admission. See People v. Followell (1987), 165 Ill. App. 3d 28, 518 N.E.2d 706.

The State initially responds that defendant has waived review of this issue by failing to object at. trial or in a written post-trial motion. (See People v. Enoch (1988), 122 Ill. 2d 176, 522 N.E.2d 1124.) The State argues that defendant was represented by counsel during the hearing, and thus, should not now be allowed to circumvent the waiver rule by raising the argument for the first time on appeal. As to the State's waiver argument, we believe it is necessary to determine whether any due process deprivations have occurred here which affect the substantial rights of defendant. We therefore invoke the plain error doctrine. See Enoch, 122 Ill. 2d 176, 522 N.E.2d 1124.

The State alternatively argues that Rule 402, which prescribes the actions to be taken prior to the trial court’s acceptance of a guilty plea, is not applicable to probation revocation proceedings under our supreme court’s decisions in People v. Beard (1974), 59 Ill. 2d 220, 225-27, 319 N.E.2d 745, 748. It is well established in Illinois that Supreme Court Rule 402 (107 Ill. 2d R. 402) requires that the trial court give admonitions to a defendant who pleads guilty to an offense. Defendant relies on People v. Pier (1972), 51 Ill. 2d 96, 281 N.E.2d 289, as establishing these admonitions must also be given in revocation of probations proceedings.

In Pier, the defendant, in his post-conviction petition, alleged that his admission of the violation of probation was induced by an unfulfilled promise of the State’s Attorney to recommend a different sentence than that imposed. Our supreme court stated that due process of law requires that a defendant charged with violating probation should be entitled to many of the same safeguards accorded to a defendant at a trial to determine his guilt. (Pier, 51 Ill. 2d at 99-100, 281 N.E.2d at 291.) It held that where a defendant confesses or admits a charge that he violated his probation in reliance upon an unfulfilled promise by the State’s Attorney, such confession or admission of the charge is not voluntary. (Pier, 51 Ill. 2d at 100, 281 N.E.2d at 291.) The court further stated that “[¡Justice demands that [a defendant] be entitled to the protection of the same due-process requirements which pertain to pleas of guilty when he waives his right to a judicial determination of the charge that he violated his probation and confesses or admits the charges of the revocation petition.” Pier, 51 Ill. 2d at 99-100, 281 N.E.2d at 291.

Two years later, however, the Illinois Supreme Court, in People v. Beard (1974), 59 Ill. 2d 220, 319 N.E.2d 745, clarified Pier. The court acknowledged that a probation revocation proceeding was comparable to the entry of a guilty plea, but only “insofar as consideration of the voluntariness of a defendant’s admissions made in both instances.” (Emphasis added.) (Beard, 59 Ill. 2d at 224, 319 N.E.2d at 747.) It explained that Pier “merely expressed the view that due process required that a defendant’s admission must be voluntarily made.” (Beard, 59 Ill.

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People v. Cox
554 N.E.2d 360 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
554 N.E.2d 360, 197 Ill. App. 3d 239, 143 Ill. Dec. 425, 1990 Ill. App. LEXIS 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cox-illappct-1990.