People v. Holborow

892 N.E.2d 1, 382 Ill. App. 3d 852, 322 Ill. Dec. 754, 2008 Ill. App. LEXIS 415, 2008 WL 1976605
CourtAppellate Court of Illinois
DecidedMay 1, 2008
Docket4-07-0395
StatusPublished
Cited by9 cases

This text of 892 N.E.2d 1 (People v. Holborow) 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. Holborow, 892 N.E.2d 1, 382 Ill. App. 3d 852, 322 Ill. Dec. 754, 2008 Ill. App. LEXIS 415, 2008 WL 1976605 (Ill. Ct. App. 2008).

Opinion

JUSTICE MYERSCOUGH

delivered the opinion of the court:

In January 2005, defendant, Jesse G. Holborow, entered into a negotiated plea to home invasion with great bodily harm to the victim (720 ILCS 5/12 — 11(a)(2) (West 2004)) (count I), theft (subsequent offense) (720 ILCS 5/16 — 1(a)(1), (a)(2) (West 2004)) (count VI), and criminal trespass to a vehicle (720 ILCS 5/21 — 2 (West 2004)) (count VII). In exchange for the plea, the State dismissed four other charges and the trial court sentenced defendant to concurrent sentences of 16 years in the Department of Corrections (DOC) for home invasion, 3 years for theft, and 364 days for criminal trespass to a vehicle. Defendant filed a motion to reduce sentence, which the court denied. He did not file a direct appeal.

In April 2007, defendant filed a pro se postconviction petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 through 122 — 8 (West 2006)), wherein he alleged violation of the terms of his plea agreement because he had not been admonished that he would be required to serve a three-year term of mandatory supervised release (MSR) upon his release from prison. Several days later, the court summarily dismissed the postconviction petition as frivolous and patently without merit. Defendant appeals. We affirm.

I. BACKGROUND

In July 2004, defendant was charged by information with seven crimes. Count I charged defendant with the Class X felony of home invasion in that defendant “knowingly and without authority entered the dwelling place of another, [Bernard H.], *** having reason to know [Bernard H.] to be present within that dwelling, and intentionally caused injury to [Bernard H.] by beating [Bernard H.] about the head and body[ ] within said dwelling place” (720 ILCS 5/12 — 11(a)(2) (West 2004)). Count II charged defendant with the Class 2 felony of aggravated battery of a senior citizen in that defendant “knowingly caused great bodily harm to [Bernard H.], an individual sixty (60) years of age or older[,] being seventy (70) years of age, in that said defendant knowingly beat [Bernard H.] about the head and body, causing swelling of the brain and other injuries” (720 ILCS 5/12 — 4.6(a) (West 2004)). Count III charged defendant with the Class 3 felony of aggravated battery in that he “knowingly caused great bodily harm to [Bernard H.], in that said defendant knowingly beat [Bernard H.] about the head and body, causing swelling of the brain and other injuries” (720 ILCS 5/12 — 4(a) (West 2004)). Count IV charged defendant with the Class 3 felony of aggravated battery in that defendant “knowingly caused bodily harm to [Bernard H.], an individual sixty (60) years of age or older[,] being seventy (70) years of age, by beating [Bernard H.] about the head and body” (720 ILCS 5/12 — 4(b)(10) (West 2004)). Count V charged defendant with the Class 3 felony of aggravated battery in that defendant “used a deadly weapon, in that said defendant knowingly caused bodily harm to [Bernard H.j by stabbing [Bernard H.] with a knife” (720 ILCS 5/12— 4(b)(1) (West 2004)). Count VI charged defendant with the Class 4 felony of theft (subsequent offense) in that defendant, “a person previously convicted of the offense of [bjurglary ***, knowingly exerted unauthorized control over certain property of [Bernard H.], being beer, intending to deprive [Bernard H.] permanently of the use of the property” (720 ILCS 5/16 — 1(a)(1), (a)(2) (West 2004)). Count VII charged defendant with the Class A misdemeanor of criminal trespass to a vehicle in that defendant “knowingly and without authority entered a vehicle of another, a 1986 Ford van of [Bernard H.]” (720 ILCS 5/21 — 2 (West 2004)).

In January 2005, the State and defendant entered into a written, fully negotiated plea of guilty to all charges. In exchange therefor, defendant was sentenced only on count I (home invasion with great bodily harm to the victim), count VI (theft — subsequent offense), and count VII (criminal trespass to a vehicle) and sentenced to concurrent prison terms of 16 years on the home-invasion count (noting it would be served at 85% under truth in sentencing), 3 years on the theft count, and 364 days on the criminal-trespass-to-a-vehicle count. In addition to the DOC sentences, defendant was ordered to pay a $200 deoxyribonucleic acid (DNA) fee and $5,643.59 restitution and to make himself available and provide truthful testimony in the case against a codefendant. Defendant waived his presentence investigation. Defendant’s prior criminal record included burglary, two convictions for theft from a person, and criminal damage to property.

At the January 2005 plea hearing, the trial court went over the details of the written plea agreement with defendant in open court. Defendant indicated his intention to plead guilty. The trial court admonished defendant as to each charge against him, and defendant expressed his understanding of the charges. The court further admonished defendant as follows:

“THE COURT:
* * *
Now it is important that you understand with respect to [c]ount [I], the home invasion, that is a Class X felony. And the law says that if this were handled by other than a plea agreement, you could get anywhere from six to 30 years in prison, plus three years [of MSR]. You are not eligible for probation, periodic imprisonment^] or conditional discharge. If you were found guilty, you would have to get a minimum six years, and you could get as much as 30. And with great bodily harm, you have to serve 85[%] of your time. So do you understand what the possibilities there are, if this were handled by other than a plea agreement?
THE DEFENDANT: Yes.
THE COURT: Okay. Now, Mount [II], aggravated battery of a senior citizen *** is a Class 2 felony. *** That is the one where you are charged with knowingly causing great bodily harm to [Bernard H.], in that he was a senior citizen, an individual 60 years of age or older. And he was 70 years of age. Knowingly beating him about the head and body causing swelling and other injuries. And you are eligible there for an extended term. Since that is a Class 2, an extended term is seven to fourteen years. So if this were handled by other than a plea agreement, the law provides you could get anywhere from three to 14 years in prison, plus two years [of MSR], Other possibilities include probation or conditional discharge not to exceed four years, periodic imprisonment of 18 to 30 months. And you could be fined up to $25,000. So those are the possibilities there.
Do you have any questions about that, Mr. Holborow?
THE DEFENDANT: No.

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Cite This Page — Counsel Stack

Bluebook (online)
892 N.E.2d 1, 382 Ill. App. 3d 852, 322 Ill. Dec. 754, 2008 Ill. App. LEXIS 415, 2008 WL 1976605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holborow-illappct-2008.