People v. Vilces

748 N.E.2d 1219, 321 Ill. App. 3d 937, 255 Ill. Dec. 149, 2001 Ill. App. LEXIS 230
CourtAppellate Court of Illinois
DecidedMay 10, 2001
Docket2-00-0284
StatusPublished
Cited by47 cases

This text of 748 N.E.2d 1219 (People v. Vilces) 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. Vilces, 748 N.E.2d 1219, 321 Ill. App. 3d 937, 255 Ill. Dec. 149, 2001 Ill. App. LEXIS 230 (Ill. Ct. App. 2001).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

Defendant, Michael S. Vilces, pleaded guilty to one count of calculated criminal drug conspiracy (720 ILCS 570/405(b) (West 1998)) and one count of controlled substance trafficking (720 ILCS 570/ 401.1(a) (West 1998)). In exchange for his plea, the State dismissed a charge of unlawful delivery of a controlled substance (720 ILCS 570/ 401(a)(2)(B) (West 1998)) and agreed to recommend concurrent 28-year terms of imprisonment. The trial court accepted the plea agreement and sentenced defendant accordingly. Defendant filed a postconviction petition, which the trial court dismissed as frivolous and patently without merit. Defendant appeals the dismissal of the petitian, arguing that (1) his guilty plea was involuntary, and (2) Public Act 83—942 (Pub. Act 83—942, eff. November 23, 1983) was passed in violation of the single subject clause of the Illinois Constitution (Ill. Const. 1970, art. IV, § 8). We affirm.

I. Voluntariness of Guilty Plea

Defendant first argues that hi's petition stated the gist of a meritorious constitutional claim and therefore the court erred in dismissing the petition. Defendant contends that his guilty plea was involuntary and coerced because his attorney incorrectly advised him that, if he pleaded not guilty and went to trial, he would receive a sentence of at least 40 years’ imprisonment. This argument is waived for two reasons.

First, defendant did not raise this issue in his postconviction petition. The sole issue raised in his petition is that Public Act 80—1099 (Pub. Act 80—1099, eff. February 1, 1978) was passed in violation of the single subject clause of the Illinois Constitution. The argument about the voluntariness of defendant’s guilty plea was made for the first time in his motion to reconsider the court’s dismissal of the petition. It was too late to raise the issue at that time. Section 122—3 of the Post-Conviction Hearing Act (725 ILCS 5/122—3 (West 1998)) provides that “[a]ny claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived.” See also People v. Patterson, 192 Ill. 2d 93, 146 (2000); People v. Wright, 189 Ill. 2d 1, 12 (1999).

Defendant acknowledges that this issue was not raised in his post-conviction petition, but invites us to treat the new issue raised in the motion to reconsider as either an amended petition or a successive postconviction petition. We decline the invitation. In support of his argument, defendant cites People v. Watson, 187 Ill. 2d 448 (1999), for the proposition that defendants are allowed to file amended petitions at the first stage of postconviction proceedings. The simple answer to defendant’s assertion is that he did not file an amended petition. That avenue was available to him if he wished to raise additional claims. He did not, however, seek leave of the court to file an amended petition, and there is no order of the court allowing him to do so. Instead, defendant waited until his petition had been denied and then raised additional arguments in a motion to reconsider. The only question properly before the court at that time was whether it had ruled correctly in dismissing the petition. The additional issues raised in the motion to reconsider were not relevant to that question.

Defendant asks us to apply a more lenient standard because he was proceeding pro se and some leeway is granted to pro se litigants in construing their pleadings. What is involved here, however, is a matter of procedure. Defendant raised issues for the first time in a motion to reconsider. As we explained in People v. Fowler, 222 Ill. App. 3d 157, 163 (1991), “[a] pro se litigant must comply with the rules of procedure required of attorneys, and a court will not apply a more lenient standard to pro se litigants.” Defendant’s petition contained no claim that his plea was involuntary, and thus that claim is waived pursuant to section 122—3 and supreme court authority.

Nor could the claims in defendant’s motion to reconsider be considered as a successive postconviction petition. The Post-Conviction Hearing Act contemplates the filing of only one postconviction petition. People v. Jones, 191 Ill. 2d 194, 198 (2000). The court’s ruling on the initial petition has res judicata effect on all claims that were raised or that could have been raised in the initial petition. Jones, 191 Ill. 2d at 198. The procedural bars to claims in a successive postconviction petition will be relaxed only where the defendant demonstrates cause for failing to raise the claims in the first petition and actual prejudice resulting from the claimed errors. People v. Flores, 153 Ill. 2d 264, 279 (1992). In this context, “cause” means some objective factor external to the defense that impeded efforts to raise the claim in an earlier proceeding. Jones, 191 Ill. 2d at 199. Here, defendant could not establish cause for fading to raise the claims in the initial petition. The facts forming the basis for the claim were entirely within defendant’s knowledge and were available to him when he filed the petition. Defendant has cited no objective external factors that prevented him from raising the involuntariness claim before he filed his motion to reconsider.

The second reason defendant’s argument is waived is that he could have raised the issue in a direct appeal. A proceeding under the Post-Conviction Hearing Act is a collateral attack on a judgment of conviction, and the inquiry in such a proceeding is limited to allegations of constitutional violations that were not and could not have been raised previously. People v. Steidl, 177 Ill. 2d 239, 249 (1997). Rulings on issues that were raised on direct appeal are res judicata, and issues that could have been raised, but were not, are waived. People v. Ward, 187 Ill. 2d 249, 257 (1999).

Here, if defendant wished to contest the voluntariness of his plea, he should have filed a motion to withdraw his guilty plea pursuant to Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d) (now 188 Ill. 2d R. 604(d))). The trial court fully admonished defendant in accordance with Supreme Court Rule 605(b) (145 Ill. 2d R. 605(b) (now 188 Ill. 2d R. 605(b))). If defendant had filed a motion to withdraw the plea and the court denied it, he could have filed a direct appeal of the denial and argued that his plea was involuntary and that the motion should have been allowed. As the supreme court has explained, a defendant challenging the voluntariness of his guilty plea waives the issue in a postconviction proceeding if he could have raised it, but did not, in a motion to withdraw his plea or in a direct appeal. People v. Hampton, 165 Ill. 2d 472, 478 (1995).

It is true that defendant is relying on materials outside the original record (his affidavit that his attorney told him that he would be sentenced to at least 40 years if he went to trial) and that the waiver rule is relaxed in postconviction proceedings when a defendant’s claim depends upon material outside the original record (Ward, 187 Ill. 2d at 257). That principle would not apply here, however, because the material upon which defendant relies should have been part of the original record.

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Cite This Page — Counsel Stack

Bluebook (online)
748 N.E.2d 1219, 321 Ill. App. 3d 937, 255 Ill. Dec. 149, 2001 Ill. App. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vilces-illappct-2001.