People v. Torres

888 N.E.2d 91, 228 Ill. 2d 382, 320 Ill. Dec. 874, 2008 Ill. LEXIS 311
Illinois Supreme Court·Decided April 17, 2008·No. 104308·Published·Cited by 74 cases

Opinion

CHIEF JUSTICE THOMAS

delivered the judgment of the court, with opinion.

Justices Freeman, Fitzgerald, Kilbride, Carman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

Defendant, Vicente Torres, entered a blind plea of guilty to two counts of first degree murder. The circuit court of Will County sentenced him to 45 years’ imprisonment. Four months after his sentence was imposed, defendant filed a pro se petition under the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122 — 1 et seq. (West 2004)), contending that his trial attorney was ineffective for failing to consult with him about the possibility of filing an appeal. The trial court denied the petition, ruling that it was frivolous and patently without merit. The appellate court reversed and remanded the cause for further proceedings, holding that defendant stated the gist of a constitutional claim for ineffective assistance of counsel. No. 3 — 05—0402 (unpublished order under Supreme Court Rule 23). We granted the State’s petition for leave to appeal (210 Ill. 2d R. 315), and we now reverse the appellate court.

BACKGROUND

On August 9, 2003, police officers responded to a report of a shooting at 350 Hanover Drive in Bolingbrook, Illinois. At the scene, the officers found a woman later identified as Maria Rivera lying on the floor in a pool of blood. She had been shot in the head and was pronounced dead. The wound was caused by a bullet fired from a nine-millimeter handgun.

Two witnesses told police that a man fled the scene by car immediately after the shooting. The witnesses followed the suspect and were able to provide police with his current location. Police gave chase for several miles and finally stopped the suspect’s vehicle, apprehending the only person in the vehicle — defendant. The officers’ search of the car revealed a nine-millimeter handgun stowed on the floorboard. The weapon was in the “discharge slide back position with a magazine engaged.” The two witnesses identified defendant as the person they followed from the scene of the murder.

Defendant was arrested, and an officer fluent in Spanish read defendant his Miranda rights and interviewed him in that language. Defendant told police that the victim was his longtime girlfriend. Eight days before the murder, she told him that she was dating somebody else and would not be reuniting with him. Defendant purchased the gun recovered from his vehicle one day before the murder. The next day, he traveled to the victim’s residence, hiding the gun in a pair of pants, with the intent of killing the victim. When he arrived and entered the victim’s room, she told him to quiet down because she was sleeping, whereupon he replied, “Fine, you can go to sleep forever.” Defendant had difficulty pulling the slide of the gun back, allowing the. victim to briefly run up some stairs, but as she reached the top of the stairs, defendant fired the gun at her.

An autopsy revealed that the bullet struck the victim in her left temple and exited through her right eye. The forensic testing showed that the gun recovered by police when they apprehended defendant matched the spent cartridge recovered from the scene of the murder.

Defendant was charged with two counts of first degree murder (720 ILCS 5/9 — 1(a)(1), (a)(2) (West 2002)). At a plea hearing on April 30, 2004, defendant’s public defenders informed the trial court that defendant wanted to enter a blind plea of guilty to both charges. Counsel told the court that they had explained the concept of a blind plea to defendant on multiple occasions. In response to the court’s questioning, defendant answered that he was pleading guilty to both counts, that he understood the nature of the charges, and that he understood he had a right to plead not guilty. The State provided a factual basis for the plea, which defendant agreed to, followed by a lengthy inquiry by the trial court to ensure that defendant understood the nature of the proceedings.

The trial court then explained to defendant that the charge carried “a mandatory minimum prison sentence *** of 20 years, and that can go as high as 60 years.” “So the range is,” the trial court began to repeat, at which point defendant interrupted by stating, “they’ve already told me that.” The trial court then told defendant that it wanted “to make sure that [he] understood all that though.” The trial court continued, “so it’s a minimum of 20 years in prison and a maximum of 60 years in prison.” The trial court then explained that the defendant would have to serve 100% of the sentence. The trial court also explained the difference between a bench trial and a jury trial, and defendant indicated that he understood that he was waiving his right to either kind of trial. In response to further questions from the trial court, defendant agreed that he had fully discussed his decision to plead guilty with his attorneys and that they had explained the consequences of a plea of guilty. He also acknowledged that he was satisfied with the service his attorneys had rendered and that an interpreter had always been present when he spoke with them.

Defendant told the court that he was pleading guilty because his attorneys had told him that he had no defense. One of defendant’s attorneys then explained that he and his colleagues had had numerous conversations with defendant, going over the evidence and giving their opinions as to what the ultimate result in the case would be if there was a trial. Defendant again interjected that his attorneys had told him that they “shouldn’t fight this because there is no defense for what [he had] done” and he “wanted a trial but his attorneys said no.” Defense counsel responded by telling the court that if defendant wanted a trial, he was willing to try the case. The trial court then instructed defendant on the difference between the public defender’s informing a defendant of the strength of his case and telling him how to plead. The court stressed to defendant that nobody could make him plead guilty and that the decision on how to plead was his alone. The court told defendant that if he wanted a trial, he would set the case for a trial.

The trial judge also drew from his former experience as a defense attorney and told defendant the following:

“When I had your attorney’s job of defending people, including in murder cases, I always discussed the evidence with my clients. Most of them wanted opinions on how good I thought their case was, and if I thought it was a good case, I told them so. And if I thought their case was garbage, I told them that, too. There is nothing wrong with your attorneys giving their opinion of the evidence that’s against you and the evidence that’s in your favor, but the ultimate decision on whether you plead guilty or go to trial is still yours. You decide, not anybody else. You decide.”

Following this colloquy, defendant stated three times that he wanted to plead guilty, but the trial court insisted on postponing the plea hearing so defendant could further consider his options and consult with his attorneys.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Torres, 888 N.E.2d 91, 228 Ill. 2d 382, 320 Ill. Dec. 874, 2008 Ill. LEXIS 311 (Ill. 2008).

888 N.E.2d 91 (People v. Torres) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Morris
2025 IL App (2d) 240359-U (Appellate Court of Illinois, 2025)
People v. Nibbelin
2025 IL App (4th) 240446-U (Appellate Court of Illinois, 2025)
People v. Null
2024 IL App (4th) 230851-U (Appellate Court of Illinois, 2024)
People v. Johnson
2023 IL App (1st) 220833-U (Appellate Court of Illinois, 2023)
People v. Lacey
2023 IL App (5th) 220050-U (Appellate Court of Illinois, 2023)
People v. Walls
2023 IL App (3d) 190178-U (Appellate Court of Illinois, 2023)
People v. Ross
2023 IL App (4th) 200465-U (Appellate Court of Illinois, 2023)
People v. Zumwalt-Jophlin
2023 IL App (5th) 210312-U (Appellate Court of Illinois, 2023)
People v. Perez
2021 IL App (1st) 181400-U (Appellate Court of Illinois, 2021)
People v. Carter
2021 IL App (1st) 190795-U (Appellate Court of Illinois, 2021)
People v. Jaimes
2021 IL App (2d) 190241-U (Appellate Court of Illinois, 2021)
People v. Smith
2020 IL App (4th) 190803-U (Appellate Court of Illinois, 2020)
People v. Thornton
2020 IL App (4th) 180681-U (Appellate Court of Illinois, 2020)
People v. Allen
2020 IL App (1st) 181062-U (Appellate Court of Illinois, 2020)
People v. Usman-Aliu
2020 IL App (5th) 170048-U (Appellate Court of Illinois, 2020)
People v. Kirchner
2020 IL App (4th) 180475-U (Appellate Court of Illinois, 2020)
People v. Gallardo
2019 IL App (2d) 170822-U (Appellate Court of Illinois, 2019)
People v. Rey
2019 IL App (2d) 181026-U (Appellate Court of Illinois, 2019)
People v. Cuevas
2018 IL App (2d) 151100 (Appellate Court of Illinois, 2018)
People v. Pace
2015 IL App (1st) 110415 (Appellate Court of Illinois, 2015)