People v. Pendleton

861 N.E.2d 999, 223 Ill. 2d 458, 308 Ill. Dec. 434, 2006 Ill. LEXIS 1669
CourtIllinois Supreme Court
DecidedDecember 21, 2006
Docket100493
StatusPublished
Cited by807 cases

This text of 861 N.E.2d 999 (People v. Pendleton) 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. Pendleton, 861 N.E.2d 999, 223 Ill. 2d 458, 308 Ill. Dec. 434, 2006 Ill. LEXIS 1669 (Ill. 2006).

Opinion

JUSTICE KARMEIER

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, Fitzgeraid, Kilbride, and Garman concurred in the judgment and opinion.

Justice Burke took no part in the decision.

OPINION

Pursuant to a plea agreement, defendant, Philbert Pendleton, pled guilty in the circuit court of Ogle County to two counts of home invasion and two counts of aggravated criminal sexual assault. In exchange for the guilty pleas, the State agreed not to charge petitioner with an unrelated offense. No agreement was reached as to sentence. The circuit court subsequently sentenced defendant to consecutive terms of 15 years for the first count of home invasion, 30 years for the second, and 30 years for one of the aggravated criminal sexual assault counts. Neither a postjudgment motion nor a notice of appeal was filed. Nearly a year after sentencing, defendant filed a pro se postconviction petition. Counsel was appointed for defendant and subsequently filed an amended petition on his behalf. The circuit court denied defendant postconviction relief, and he appealed. The appellate court reversed and remanded. 356 Ill. App. 3d 863. The appellate court found that an admonishment issue, which was raised for the first time on appeal, had been forfeited, but the court concluded that remand was nonetheless necessary because postconviction counsel had rendered deficient, unreasonable assistance in post-conviction proceedings. 356 Ill. App. 3d at 870-71. We allowed the State’s petition for leave to appeal (177 Ill. 2d R. 315(a)), and now reverse the judgment of the appellate court. The following facts are pertinent to our disposition.

BACKGROUND

On August 31, 2001, defendant pled guilty to two counts of home invasion (720 ILCS 5/12 — 11(a)(2) (West 2000)) and two counts of aggravated criminal sexual assault (720 ILCS 5/12 — 14(a)(2), (a)(5) (West 2000)) in exchange for the State’s agreement not to charge him with an unrelated offense he allegedly committed in 1997. No agreement was reached as to sentence.

Prior to taking defendant’s guilty pleas, the circuit court conducted meticulous inquiries and admonishments pursuant to Supreme Court Rule 402 (177 Ill. 2d R. 402) in order to ensure that defendant’s guilty pleas were informed, knowing, and voluntary. We set forth, at length, portions of the colloquy between defendant and the court.

The circuit court first asked defendant if he was “in good health physically and mentally,” to which defendant responded affirmatively. Defendant said he was not taking any prescription drugs or medication. The court then read the charges to defendant and asked if he understood them. Defendant indicated he understood; in fact, he took exception to the language of count I, and that charge was amended to comport with defendant’s version of events.

Thereafter, sentencing options were explained to defendant. The court told defendant:

“First three [counts] you could be subject to an extended term in the Department of Corrections, also that would be from 30 to 60 years based on the aggravating factor of the age of the victims being over 60 years ***. There is a minimum mandatory six-year prison sentence involved in regard to all of these offenses, do you understand that?”

Defendant indicated he understood. The court then advised defendant “there would be a three year mandatory supervised release period” upon his release from prison. Defendant again indicated he understood. Pursuant to the State’s request, the court addressed the possibility of consecutive sentencing:

“THE COURT: Mr. Pendleton. If, in fact, it is determined that under Counts II and III, were [sic] part of a single course of conduct, there’s no substantial change in the criminal objective, and whether there is either severe bodily injury or criminal sexual assault then under Counts II and III it would be required of me if those findings are shown at the sentencing hearing [that] you receive consecutive sentences, that means one sentence ends, the other begins, you will not serve them at the same time. Do you understand that?
THE DEFENDANT: Yes, sir.
* * *
THE COURT: Also discretionary consecutive sentences in regard to all charges, that would be up to the court at the time of the sentence, do you understand that?
THE DEFENDANT: Yes, sir.”

After giving defendant those admonishments, the court proceeded, first, to inform defendant of the rights he would give up by pleading guilty and, second, to ascertain that defendant had consulted with counsel:

“THE COURT: All right. You also understand that if you plead guilty today you give up certain rights? You give up the right to have a trial before a judge or jury; you give up the right to meet and confront the witnesses against you and present evidence in your own behalf; and the right to remain silent and make the State prove this charge against you beyond a reasonable doubt. Do you understand the rights you’d be giving up today if you plead guilty?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand there will be no trial in any of these charges if you plead guilty?
THE DEFENDANT: Yes, sir.
THE COURT: All right. Have you had a chance to talk to [defense counsel] about this?
THE DEFENDANT: Yes, sir.
THE COURT: And you’ve had some considerable time with him talking about it over the days?
THE DEFENDANT: Yes.
THE COURT: Do you have any other questions you want to ask [defense counsel] today before we proceed any further?
THE DEFENDANT: No, sir.
THE COURT: You have a clear understanding where we’re at right now?
THE DEFENDANT: Yes, sir.”

With that, the court asked defendant, successively, with respect to each charge, how he pled, guilty or not guilty. Defendant, without hesitation, pled guilty to each charge. The court then asked defendant whether he was pleading guilty to each of those charges of his “own free will,” and defendant again responded affirmatively. When asked if anyone had threatened him to get him to plead guilty, defendant stated, “Not at all.” When the court inquired whether there had been any promises made to him to get him to plead guilty, defendant responded negatively. At that point in the proceedings, the State interrupted for purposes of clarification, noting the State’s agreement not to charge defendant with an unrelated offense he allegedly committed in 1997.

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Cite This Page — Counsel Stack

Bluebook (online)
861 N.E.2d 999, 223 Ill. 2d 458, 308 Ill. Dec. 434, 2006 Ill. LEXIS 1669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pendleton-ill-2006.