People v. Thomas

616 N.E.2d 695, 246 Ill. App. 3d 708, 186 Ill. Dec. 505, 1993 Ill. App. LEXIS 1061
Appellate Court of Illinois·Decided July 9, 1993·No. 2-91-1280·Published·Cited by 14 cases

Opinion

JUSTICE QUETSCH

delivered the opinion of the court:

The defendant, Rusty Thomas, pleaded guilty to burglary in Lee County cases Nos. 91 — CF— 25 and 91 — CF—91 and was sentenced to consecutive 10-year terms of imprisonment. The defendant appeals the denial of his motion to withdraw his guilty pleas, and he contends that: (1) the trial court erred in accepting his guilty pleas and sentencing him without first conducting a fitness hearing; (2) the trial court abused its discretion by not accepting his first guilty plea in No. 91— CF — 91; and (3) the State breached the plea agreement in No. 91— CF — 25 when it recommended an extended term of imprisonment. We affirm in part, reverse in part and remand.

The facts of this case are as follows. In No. 91 — CF—25, the defendant was charged with burglary and possession of cannabis. On May 20, 1991, the defendant pleaded guilty to the burglary count in exchange for the State’s dismissing the cannabis count and other pending cases. The State also agreed not to make a sentencing recommendation. The State indicated, as a factual basis, that its evidence would show that the defendant entered a gas station in Dixon, Illinois, on February 13, 1991, with the intent to commit a theft, and that he had obtained a small amount of cash. The trial court accepted the defendant’s guilty plea and continued the case for sentencing.

On May 22, 1991, in No. 91 — CF—91, the defendant was arrested and charged with committing burglary and possession of burglary tools. The burglary count alleged that the defendant had entered Wilson’s Tap in Dixon, Illinois, on May 22, 1991, with the intent to commit theft.

On June 5, 1991, the defendant’s attorney in No. 91 — CF—25 filed a motion for a fitness examination, alleging that the defendant showed signs of incoherent behavior, threatened to commit suicide, and had been treated and hospitalized for depression and substance abuse. The trial court ordered that Dr. Carl Aagesen be appointed to examine the defendant’s fitness to stand trial and be sentenced.

In a report- dated July 3, 1991, Dr. Aagesen recounted the defendant’s history of depression and substance abuse. He also indicated that the defendant claimed to suffer memory blackouts during drinking and that the defendant denied any recollection of committing the burglaries charged in Nos. 91 — CF—25 and 91 — CF—91. Dr. Aagesen concluded that “[i]f the patient did not suffer from blackouts, in my opinion, there is no mental illness currently present that would impair his ability to participate in his own defense.”

On July 16, 1991, the court asked the defendant’s attorney in No. 91 — CF—91 “you’re not going to raise any issue with regard to fitness for the purpose of the preliminary hearing?” Defense counsel responded “[t]hat’s correct, Your Honor.” The preliminary hearing in No. 91 — CF—91 ensued, and probable cause was found.

On August 2, 1991, the State informed the court of a plea agreement in which the defendant would plead guilty to the burglary count in No. 91 — CF—91 in exchange for the State’s dismissing the other count and not filing an additional charge. Both parties recommended that the defendant be sentenced to consecutive seven-year terms of imprisonment for Nos. 91 — CF—25 and 91 — CF—91. The trial court found the proposed sentence in No. 91 — CF—25 to be reasonable based on the record, and it imposed the seven-year sentence in No. 91 — CF—25 pursuant to the agreement. The court then began to admonish the defendant pursuant to Supreme Court Rule 402(a) (134 Ill. 2d R. 402(a)) in order to obtain a guilty plea in No. 91 — CF—91. After the defendant stated that he could not recall committing the burglary charged in No. 91 — CF—91, the court rejected his guilty plea in No. 91 — CF—91 and vacated the seven-year sentence in No. 91 — CF—25. The court then sentenced the defendant to a 10-year term of imprisonment in No. 91 — CF—25 and continued No. 91 — CF—91 for arraignment.

On August 5, 1991, the defendant again pleaded guilty to the burglary count in No. 91 — CF—91 pursuant to a new agreement in which the State dismissed the other count. The parties recommended that the defendant be sentenced to a 10-year term of imprisonment consecutive to the 10-year term imposed in No. 91 — CF—25 on August 2, 1991. The trial court accepted this guilty plea and imposed the 10-year sentence in No. 91 — CF—91. The defendant later filed a motion to withdraw his guilty pleas, which the court denied. The defendant appeals.

The defendant’s first argument is that the trial court erred by not holding a fitness hearing. A defendant is unfit to enter a plea if, because of his mental or physical condition, he is unable to understand the nature and purpose of the proceedings against him or to assist in his defense. (Ill. Rev. Stat. 1991, ch. 38, par. 104 — 10.) Once facts are brought to the attention of the trial court which raise a bona fide doubt of a defendant's fitness to enter a plea, the court has a duty to hold a fitness hearing. (People v. Long (1975), 30 Ill. App. 3d 815, 817.) Whether a bona fide doubt has been raised is a decision resting within the discretion of the trial court which will only be reversed for an abuse of discretion. People v. Long, 30 Ill. App. 3d at 818.

The State argues that the defendant waived the issue of the trial court’s failure to order a fitness hearing by not raising it in his motion to withdraw his guilty pleas. However, the sentencing of an accused person while he is legally incompetent is a violation of due process. (People v. Brown (1985), 131 Ill. App. 3d 859, 863.) The alleged error regarding the determination of the defendant’s fitness to plead guilty and be sentenced is of such constitutional dimension that we can take cognizance of it under the “plain error doctrine” of Supreme Court Rule 615(a) (134 Ill. 2d R. 615(a)) despite the defendant’s failure to raise the issue in his motion to withdraw his guilty pleas. (People v. Leiker (1983), 115 Ill. App. 3d 752, 754.) We will therefore consider the defendant’s argument.

The defendant contends that the court should have ordered a fitness hearing based upon defense counsel’s representations that the defendant was incoherent and out of touch with reality, had threatened suicide, and had been treated and institutionalized for substance abuse and depression. However, in People v. Long (1975), 30 Ill. App. 3d 815, we found that the trial court did not abuse its discretion in not ordering a fitness hearing for the defendant even though the reports of two psychiatrists who evaluated him indicated that he suffered from chronic alcoholism, alcoholic amnesia, loss of reality and control upon excessive drinking, and anxiety and depression suggesting suicidal risk. We noted that both reports concluded that the defendant met the fitness standard of understanding the charges against him and cooperating with counsel. People v. Long, 30 Ill. App. 3d at 817.

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People v. Thomas, 616 N.E.2d 695, 246 Ill. App. 3d 708, 186 Ill. Dec. 505, 1993 Ill. App. LEXIS 1061 (Ill. Ct. App. 1993).

616 N.E.2d 695 (People v. Thomas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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