People v. Hall

841 N.E.2d 913, 217 Ill. 2d 324, 299 Ill. Dec. 181, 2005 Ill. LEXIS 2073
CourtIllinois Supreme Court
DecidedDecember 15, 2005
Docket98225
StatusPublished
Cited by300 cases

This text of 841 N.E.2d 913 (People v. Hall) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hall, 841 N.E.2d 913, 217 Ill. 2d 324, 299 Ill. Dec. 181, 2005 Ill. LEXIS 2073 (Ill. 2005).

Opinions

JUSTICE KILBRIDE

delivered the opinion of the court:

Defendant, Michael E. Hall, filed a postconviction petition alleging his guilty plea to the offense of aggravated kidnapping was involuntary. The circuit court of Macon County dismissed defendant’s petition at the second stage of the proceedings, and the appellate court affirmed the circuit court’s judgment. No. 4—02—0741 (unpublished order under Supreme Court Rule 23). We allowed defendant’s petition for leave to appeal. 177 Ill. 2d R. 315(a).

On appeal to this court, defendant contends: (1) the Sex Offender Registration Act (Registration Act) (730 ILCS 150/1 et seq. (West 2002)) and the Sex Offender and Child Murderer Community Notification Law (Notification Law) (730 ILCS 152/101 et seq. (West 2002)) are unconstitutional as applied to him because there is no evidence that his offense was sexually motivated; and (2) the trial court erred in dismissing his postconviction petition because he established a substantial showing that his guilty plea was involuntary. We conclude defendant’s petition established a substantial showing that his guilty plea was involuntary and, therefore, we need not reach his claims concerning the constitutionality of the Registration Act and Notification Law. We reverse the judgments of the appellate and circuit courts, and remand this matter to the circuit court for an evidentiary hearing on defendant’s postconviction claims.

I. BACKGROUND

The State charged defendant by information with aggravated kidnapping, theft of property having a value in excess of $300, and aggravated unlawful refusal to obey an order to stop. 720 ILCS 5/10—2(a)(2), 16—1(a)(1)(A) (West 1998); 625 ILCS 5/4—103.2(a)(7)(A) (West 1998). The trial court appointed counsel to represent defendant. The parties subsequently entered into a negotiated plea agreement requiring defendant to plead guilty to aggravated kidnapping in exchange for dismissal of the other counts and the State’s recommendation of six years’ imprisonment. At the plea hearing, the trial court admonished defendant as follows:

“THE COURT: Mr. Hall, Count I charges you with the offense of Aggravated Kidnapping on April 15th, 1999 in Macon County. It alleges that you knowingly and secretly confined *** a child under the age of 13 years, against her will. Do you understand what the charge is?
THE DEFENDANT: Yes.
THE COURT: Are you at this time offering to enter a plea of guilty?
THE DEFENDANT: Yes.
THE COURT: Are you doing this of your own free will?
THE DEFENDANT: Yes.”

The trial court then advised defendant of the minimum and maximum penalties for aggravated kidnapping. The court also admonished defendant that his guilty plea would result in waiver of his privilege against self-incrimination and his rights to a trial, to call witnesses, and to confront the witnesses against him.

In the factual basis for the charge, the prosecutor asserted defendant entered a vehicle while it was left running at a gas station. The owners’ 21-month-old daughter was in a car seat inside the car. According to the prosecutor, defendant “drove the car off the lot at a very high rate of speed. Officers pursued for a substantial distance. The car was finally stopped at Wood and Martin Luther King Drive when he wrecked the car. The child was not injured.”

The trial court accepted the plea, dismissed the remaining counts, and sentenced defendant to six years’ imprisonment. After defendant was sentenced, his attorney asserted there were “mitigating factors.” According to counsel, defendant believed it was in his best interest to plead guilty, but did not admit he was guilty of the offense.

Defendant later filed a pro se motion to withdraw his guilty plea. The trial court reappointed defendant’s trial counsel to represent him. At the hearing on the motion, defendant was allowed a recess to speak with his attorney. When the case was recalled, defendant’s attorney informed the court that defendant wished to withdraw his motion. Upon questioning by the trial court, defendant confirmed he wished to withdraw his motion of his own free will. Defendant did not appeal the trial court’s judgment.

Defendant subsequently filed a pro se petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122—1 et seg. (West 2000)), alleging his guilty plea was not entered knowingly, intelligently, or voluntarily. Defendant alleged, among other things, he informed his attorney that he did not know the child was in the backseat of the car until after he wrecked the vehicle. Counsel advised defendant he did not have a valid defense to aggravated kidnapping based on his lack of awareness that the child was inside the car. Defendant also alleged his attorney stated defendant would be convicted and sentenced to at least 25 years’ imprisonment if he insisted on having a trial. Defendant further alleged that the trial court failed to admonish him properly to ensure his guilty plea was voluntary and that the factual basis for the plea was insufficient. Defendant attached a copy of the charging instrument, the transcript of the guilty plea hearing, and his affidavit to his postconviction petition.

In his affidavit, defendant asserted he was using a pay phone in a gas station parking lot in an effort to get a ride home. When he was unable to contact anyone to provide transportation, he went across the street to seek shelter from the rain. Defendant attested he had been drinking heavily for several hours and was agitated due to his inability to find a ride home.

He was crossing the street to use the pay phone again when he observed a car being parked in front of the gas station. The driver exited the car and went into the gas station, but left the car running. It appeared there was no one inside the vehicle. Defendant entered the vehicle, drove away, and subsequently ran into a car that was stopped in front of him. Defendant opened the door of the vehicle, but could not exit because his foot was caught on something. He then saw “the reflection of police lights.” Defendant asserted he looked in the rearview mirror, but “the images were all a blur.” When he turned to look out the rear window, defendant observed a child in the rear seat.

Defendant described in detail two separate conversations with his appointed attorney following his arrest. Defendant asserted he informed his attorney that he only intended to take the car and he did not know the child was inside. Counsel repeatedly informed defendant that his lack of awareness of the child was not a defense to the charge of aggravated kidnapping. Counsel also informed defendant he would be convicted and most likely sentenced to a term of 25 years or more if he insisted on a trial. Defendant stated he was convinced by counsel that he did not have a defense to this charge and his guilty plea was induced by his attorney’s advice.

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Cite This Page — Counsel Stack

Bluebook (online)
841 N.E.2d 913, 217 Ill. 2d 324, 299 Ill. Dec. 181, 2005 Ill. LEXIS 2073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hall-ill-2005.