People v. Williams

688 N.E.2d 1153, 179 Ill. 2d 331, 228 Ill. Dec. 176, 1997 Ill. LEXIS 480
Illinois Supreme Court·Decided December 18, 1997·No. 82333·Published·Cited by 83 cases

Opinions

JUSTICE HEIPLE

delivered the opinion of the court:

Defendant, Adrian K. Williams, was charged with burglary and retail theft. 720 ILCS 5/19^-l, 16A — 3(a) (West 1994). Defendant subsequently entered into a plea agreement with the State. Pursuant to the agreement, defendant pled guilty to retail theft, in exchange for which the State dropped the burglary charge and recommended a sentencing cap of seven years’ imprisonment. The circuit court of Tazewell County accepted defendant’s written plea. The circuit court then sentenced defendant to three years in prison, followed by 40 months’ probation. Defendant filed a timely motion to reconsider sentence, asserting that the 40-month probation term exceeded the statutory maximum. Defendant also challenged the imposition of consecutive sentences of prison and probation for a single offense. After a hearing on the motion, the circuit court reduced defendant’s probation to 30 months, but rejected defendant’s argument that the imposition of consecutive sentences of prison and probation for a single offense was improper.

Defendant appealed, challenging the mixed sentence. The appellate court affirmed the circuit court, holding that such sentence is authorized under the sentencing provisions of the Unified Code of Corrections (the Code) (730 ILCS 5/5 — 1—1 et seq. (West 1994)), and People v. Wendt, 163 Ill. 2d 346 (1994). 284 Ill. App. 3d 681. This court allowed defendant’s petition for leave to appeal pursuant to Supreme Court Rule 315 (166 Ill. 2d R. 315). We now reverse the appellate and circuit courts.

ANALYSIS

Initially, the State raises a procedural issue, arguing that defendant was required to withdraw his guilty plea before he could challenge the sentence he received pursuant to the plea agreement. As the defendant failed to move to withdraw his guilty plea, the State contends that he should be barred from protesting his sentence now. In People v. Evans, 174 Ill. 2d 320 (1996), we held that a defendant who pleads guilty in exchange for a specific sentence must move to withdraw his guilty plea before challenging his sentence. In Evans, however, the sentences were within statutory limits and the defendants only asserted that their sentences were excessive. In the instant case, the defendant does not contend that his sentence was excessive; rather, he argues that the court imposed a sentence which, under the statute, it had no authority to impose. Thus, Evans is inapplicable and cannot bar defendant’s claim that his sentence was void because it does not conform with the statute. People v. Arna, 168 Ill. 2d 107, 113 (1995).

Turning to the merits, the issue before the court is whether a defendant may be sentenced to both prison and probation for a single offense. The State argues that such a combination is authorized under the Code and Wendt. In Wendt, the trial court imposed sentence on four separate offenses. The sentences consisted of three concurrent prison terms and one consecutive term of probation. In affirming the sentences, this court discussed section 5 — 5—3 of the Code, which sets forth allowable sentencing dispositions as follows:

"(b) The following options shall be appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than those identified in subsection (c) of this Section:
(1) A period of probation.
* * *
(4) A term of imprisonment.” 730 ILCS 5/5— 5 — 3(b)(1), (b)(4) (West 1994).

In Wendt, we held that section 5 — 5—3 specifically authorizes the imposition of a sentence of probation in combination with a term of imprisonment. Wendt, 163 Ill. 2d at 354. We also noted that section 5 — 6—2 of the Code, which requires multiple periods of probation to run concurrently, gave the legislature the opportunity to prohibit the imposition of a sentence of probation consecutive to a sentence of imprisonment. We held that the fact that the legislature did not prohibit such a combination indicates that it is allowed. Wendt, 163 Ill. 2d at 353-54; 730 ILCS 5/5 — 6—2 (West 1994). This court further found that no part of the Code specifically prohibits a sentence of probation to be served consecutively to a sentence of imprisonment. We concluded that section 5 — 5—3 of the Code, construed in light of section 5 — 6—2, authorizes the imposition of a sentence of probation consecutive to a sentence of imprisonment. Wendt, 163 Ill. 2d at 354. The State urges this court to affirm the appellate court, which held that Wendt must be read to allow the imposition of a sentence of probation consecutive to a sentence of imprisonment for a single offense.

Defendant counters, however, that the trial court exceeded its authority when it sentenced him to a mixed sentence of prison and probation for a single conviction. He urges the court to adopt the reasoning of People v. Patterson, 276 Ill. App. 3d 107 (1995). In Patterson, the defendant was convicted of one count of forgery and was sentenced to two years in prison and a consecutive 30-month term of probation. Patterson distinguished Wendt, noting that although Wendt approved consecutive sentences of prison and probation, each sentence in Wendt was supported by a separate conviction. Patterson held that, although no section of the Code specifically prohibits a sentence for a single offense that includes both imprisonment and probation, section 5 — 8—4 of the Code, which allows consecutive sentences of imprisonment under certain circumstances, "[b]y its simple plural terms,” requires convictions for multiple offenses if consecutive sentences are to be imposed. Patterson, 276 Ill. App. 3d at 110; 730 ILCS 5/5 — 8—4 (West 1994).

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People v. Williams, 688 N.E.2d 1153, 179 Ill. 2d 331, 228 Ill. Dec. 176, 1997 Ill. LEXIS 480 (Ill. 1997).

688 N.E.2d 1153 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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