People v. WUEBBELS

919 N.E.2d 1122
CourtAppellate Court of Illinois
DecidedDecember 15, 2009
Docket4-09-0461
StatusPublished
Cited by1 cases

This text of 919 N.E.2d 1122 (People v. WUEBBELS) 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. WUEBBELS, 919 N.E.2d 1122 (Ill. Ct. App. 2009).

Opinion

919 N.E.2d 1122 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Steven R. WUEBBELS, Defendant-Appellant.

No. 4-09-0461.

Appellate Court of Illinois, Fourth District.

December 15, 2009.

*1123 Justice TURNER delivered the opinion of the court:

In October 2008, defendant, Steven R. Wuebbels, filed a pro se motion for relief from judgment under section 2-1401 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/2-1401 (West 2008)), asserting his 30- and 60-year prison terms had to run concurrently, not consecutively, to his natural-life sentence in another case (People v. Wuebbels, No. 92-CF-11 (Cir. Ct. Clinton Co.) (hereinafter case 11)). In March 2009, the State filed a motion to strike and dismiss defendant's petition. After a June 2009 hearing, the trial court struck defendant's petition.

Defendant appeals, asserting the trial court erred by striking his petition because the provision of his sentence requiring his 30- and 60-year prison sentences to run consecutively to his natural-life sentence is void. We reverse the court's striking of defendant's petition and modify his sentence.

I. BACKGROUND

In June 1996, the State charged defendant with, inter alia, attempt (first degree murder) (720 ILCS 5/8-4(a) (West 1996); 720 ILCS 5/9-1(a)(1) (West Supp.1995)) and possession of a weapon by a person in the custody of the Department of Corrections (DOC) (720 ILCS 5/24-1.1(b) (West 1996)). The charges were based on defendant's January 1996 stabbing of a DOC prison guard in the stomach with a spear while serving a sentence of natural life without the possibility of parole in case 11. After a January 1997 trial, a jury found defendant guilty of the two aforementioned charges. Based on his prior convictions, defendant was eligible for an extended-term sentence of 30 to 60 years' imprisonment for the attempt (first degree murder) conviction (730 ILCS 5/5-5-3.2(b)(1) (West Supp.1995); 730 ILCS 5/5-8-2-(a)(2) (West 1996)) and subject to Class X sentencing (6 to 30 years' imprisonment) on the possession-of-a-weapon conviction (730 ILCS 5/5-5-3(c)(8), 5-8-1(a)(3) (West Supp.1995)). *1124 In April 1997, the trial court sentenced defendant to maximum prison terms of 60 years for attempt and 30 years for possession of a weapon to run consecutively to each other and to the term of natural life in case 11. Defendant appealed his sentences, and this court dismissed the appeal in April 1999. People v. Wuebbels, No. 4-97-0337 (April 2, 1999) (unpublished order under Supreme Court Rule 23).

In March 2001, defendant filed a petition for postconviction relief, challenging his extended-term sentence and mandatory Class X sentence based on the United States Supreme Court's holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The trial court summarily dismissed defendant's petition as frivolous and patently without merit, and this court affirmed the dismissal in April 2002. People v. Wuebbels, No. 4-01-0325, 328 Ill.App.3d 1107, 288 Ill.Dec. 103, 817 N.E.2d 228 (April 18, 2002) (unpublished order under Supreme Court Rule 23). In October 2002, the Supreme Court of Illinois denied defendant's petition for leave to appeal. People v. Wuebbels, 201 Ill.2d 612, 271 Ill.Dec. 941, 786 N.E.2d 199 (2002).

In October 2008, defendant filed his pro se section 2-1401 motion, challenging the portion of his sentencing order that required his 30- and 60-year sentences to be served consecutively to his natural-life sentence in case 11. Defendant based his challenge on our supreme court's decision in People v. Palmer, 218 Ill.2d 148, 300 Ill.Dec. 34, 843 N.E.2d 292 (2006). In March 2009, the State filed a motion to strike and dismiss defendant's petition, asserting defendant's petition was untimely. After a June 5, 2009, hearing, the trial court struck defendant's petition, finding the petition was untimely and meritless. Ten days later, defendant filed a pro se notice of appeal in compliance with Supreme Court Rule 606 (210 Ill.2d R. 606).

II. ANALYSIS

On appeal, defendant only argues the trial court erred by striking his October 2008 section 2-1401 petition because the May 1997 order requiring his sentences in this case to run consecutively to his natural-life sentence in case 11 is void. When a trial court enters a judgment on the pleadings or a dismissal in a section 2-1401 proceeding, our review is de novo. People v. Vincent, 226 Ill.2d 1, 18, 312 Ill.Dec. 617, 871 N.E.2d 17, 28 (2007).

Section 2-1401 of the Procedure Code (735 ILCS 5/2-1401 (West 2008)) establishes a comprehensive, statutory procedure that permits the vacatur of a final judgment older than 30 days. See Vincent, 226 Ill.2d at 7, 312 Ill.Dec. 617, 871 N.E.2d at 22. The statute requires petitions to be filed within two years of the judgment's entry. 735 ILCS 5/2-1401(c) (West 2008). However, the two-year limitations period does not apply to petitions brought on voidness grounds. Sarkissian v. Chicago Board of Education, 201 Ill.2d 95, 104, 267 Ill.Dec. 58, 776 N.E.2d 195, 202 (2002). Defendant contends his section 2-1401 petition filed more than 11 years after the final judgment falls under the voidness exception. The State responds the consecutive-sentence order at issue is just voidable.

A. Voidness

As stated, defendant's challenge to the consecutive-sentence order at issue is based on the supreme court's decision in Palmer, 218 Ill.2d at 170, 300 Ill.Dec. 34, 843 N.E.2d at 305, where it modified a sentence of five terms of natural life in prison from running consecutively to running concurrently. The Palmer court held the consecutive-sentencing provision of section 5-8-4(a) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-4(a) (West 2002)) was inapplicable, *1125 "based on the plain meaning of the word `consecutive.'" Palmer, 218 Ill.2d at 165, 300 Ill.Dec. 34, 843 N.E.2d at 302.

In support of its argument, the State notes the Third District's decision in People v. Petrenko, 385 Ill.App.3d 479, 485, 324 Ill.Dec. 797, 896 N.E.2d 873, 878 (2008), where the court concluded a consecutive-sentencing order potentially improper under Palmer did not present a voidness issue and declined to address the argument's merits as the defendant had not previously raised the issue. The Third District stated the Palmer court's analysis did not address the issue of whether the sentence was void. Petrenko, 385 Ill.

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Related

People v. Petrenko
931 N.E.2d 1198 (Illinois Supreme Court, 2010)

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919 N.E.2d 1122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wuebbels-illappct-2009.