People v. Roesler

552 N.E.2d 1242, 195 Ill. App. 3d 1007, 142 Ill. Dec. 501, 1990 Ill. App. LEXIS 414
CourtAppellate Court of Illinois
DecidedMarch 27, 1990
Docket5-89-0031
StatusPublished
Cited by10 cases

This text of 552 N.E.2d 1242 (People v. Roesler) 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. Roesler, 552 N.E.2d 1242, 195 Ill. App. 3d 1007, 142 Ill. Dec. 501, 1990 Ill. App. LEXIS 414 (Ill. Ct. App. 1990).

Opinion

JUSTICE RARICK

delivered the opinion of the court:

Defendant, Larry W. Roesler, was charged in the circuit court of Saline County with two counts of rape and one count of deviate sexual assault. Defendant entered pleas of guilty on all three charges and thereafter was sentenced to three consecutive 60-year terms of imprisonment. After sentencing, defendant filed a motion to withdraw his guilty pleas or, in the alternative, a motion for reduction of sentence. Both motions were denied. Defendant appeals from the denial of these motions.

On September 4, 1979, at approximately 10:30 p.m., Roesler went to the home of the victim, a 73-year-old widow who lived alone. Roesler gained entry by claiming his stepfather, who also happened to be the victim’s cousin, had told him she would let him use the phone. Once inside, Roesler pulled a knife and forced her into the bedroom, where he removed her clothes and tied her to the bed. Throughout the night and into the early hours of the next morning, Roesler repeatedly raped and sodomized the victim. During the attacks, which lasted over five hours, she suffered a broken rib which separated from her spine. When Roesler eventually left, he did not untie her. After freeing herself, the victim called the police and later that day identified Roesler in a photo lineup.

On September 6, 1979, Roesler surrendered to the Eldorado police department, and on November 8, 1979, he pleaded guilty to all three charges. Subsequently, the court ordered a presentence investigation (PSI). The PSI revealed that Roesler had several juvenile offenses. Likewise, in 1976 he pleaded guilty to rape by threat in the State of California, and was sentenced to six months’ to life imprisonment. He served less than three years of the sentence and was on parole when the crimes now in question occurred. The PSI also revealed that Roesler had a very poor relationship with his stepfather, and he had a long history of drug and alcohol abuse.

The court sentenced Roesler to three consecutive terms of 60 years’ imprisonment, the maximum sentence available. The court cited Roesler’s prior history of delinquency and criminal activity, the need to deter others from, committing the same offenses, and the nature of defendant’s conduct, which caused serious harm.

After sentencing, Roesler filed a motion to withdraw his guilty plea. After eight years, during which he was appointed several different attorneys, an amended motion to withdraw pleas or, in the alternative, for reduction of sentence was filed on August 5, 1988. The court denied Roesler’s motions, and this appeal follows.

It is well settled that leave to withdraw a guilty plea is not granted as a matter of right, but as required to correct manifest injustice under the facts involved. (People v. Hillenbrand (1988), 121 Ill. 2d 537, 545, 521 N.E.2d 900, 903.) The decision of the trial court as to whether a guilty plea may be withdrawn will not be disturbed on appeal unless it appears that the guilty plea was entered through a misapprehension of facts or law, or that there is doubt of the guilt of the accused and the ends of justice would better be served by submitting the case to a trial. (Hillenbrand, 121 Ill. 2d at 545, 521 N.E.2d at 903.) Furthermore, it is the defendant’s burden to demonstrate that withdrawal of the guilty plea is necessary to correct a manifest injustice. People v. Seidel (1985), 138 Ill. App. 3d 616, 618, 485 N.E.2d 1330, 1332; People v. Nichols (1981), 96 Ill. App. 3d 354, 355-56, 420 N.E.2d 1166, 1168.

Defendant’s first argument is that he entered his guilty pleas based upon a misapprehension of law. In support of this contention, defendant claims his appointed counsel advised him that he would not be eligible for an extended-term sentence as is provided in section 5— 5 — 3.2 of the Unified Code of Corrections (Ill. Rev. Stat. 1979, ch. 38, par. 1005—5—3.2). Defendant claims, in fact, his counsel told him to disregard any admonishments the court gave him concerning the extended term. He also testified at the hearing on his motion to withdraw that his attorney estimated his sentence would be 15 years’ imprisonment. And, in a signed affidavit, defendant claims six years’ imprisonment was the sentence his attorney estimated.

A misapprehension as to sentencing alternatives may render a guilty plea involuntary if the defendant was actually unaware of the possible punishments. (People v. Kraus (1984), 122 Ill. App. 3d 882, 888, 461 N.E.2d 1036, 1041; People v. Turner (1982), 111 Ill. App. 3d 358, 371, 443 N.E.2d 1167, 1178.) However, if the defendant has been admonished thoroughly by the court, a guilty plea cannot be withdrawn because he subjectively believed he would receive a certain sentence. Turner, 111 Ill. App. 3d at 371-72, 443 N.E.2d at 1178; People v. Cohn (1980), 91 Ill. App. 3d 209, 214-15, 414 N.E.2d 543, 547-48.

Defendant’s counsel, Frederick Turner, testified at the hearing that he had advised Roesler an extended term was a possibility. He also denied he promised defendant he would receive no more than six years in prison. This testimony is made more believable by Turner’s lengthy arguments against the extended term at the sentencing hearing. It stands to reason that had Turner believed the extended term was not a possibility, he would not have spent several pages of testimony arguing against it. Likewise, the inconsistency in defendant’s affidavit and testimony at the motion hearing makes his version suspect. At any rate, a guilty plea made in reliance upon the advice of counsel estimating a sentence to be expected is not involuntary. People v. Woods (1985), 134 Ill. App. 3d 294, 300, 480 N.E.2d 179, 183; People v. Willis (1977), 50 Ill. App. 3d 498, 504, 365 N.E.2d 597, 602.

Defendant next claims he did not understand the court’s admonishments concerning the possibility of the extended term because the court gave a lengthy admonishment, or “dissertation,” as the defendant refers to it. However, within that admonishment, the court referred to the extended term three times, the last time just moments before the court asked defendant if he understood. Defendant responded that he did understand the sentencing possibilities. The record also indicates the court was careful in assuring defendant understood the nature of the charges and the nature of the rights he was relinquishing by pleading guilty.

Defendant also contends it was error that the court did not define the phrase “exceptionally brutal or heinous behavior indicative of wanton cruelty” as contained in section 5 — 5—-3.2 of the Uniform Code of Corrections (Ill. Rev. Stat. 1979, ch. 38, par. 1005—5—3.2) and that nowhere was defendant advised that these terms applied to him or the crimes charged. This argument is without merit. The court advised Roesler the sentencing guidelines may apply to him and it would be within the sole discretion of the court to determine whether or not they would apply to defendant.

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Bluebook (online)
552 N.E.2d 1242, 195 Ill. App. 3d 1007, 142 Ill. Dec. 501, 1990 Ill. App. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roesler-illappct-1990.