United States of America Ex Rel. James Robinson v. Thomas Israel, Warden, Joliet Correctional Center and Allyn Sielaff, Director of Corrections

603 F.2d 635, 1979 U.S. App. LEXIS 12786
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 1, 1979
Docket77-1336
StatusPublished
Cited by18 cases

This text of 603 F.2d 635 (United States of America Ex Rel. James Robinson v. Thomas Israel, Warden, Joliet Correctional Center and Allyn Sielaff, Director of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States of America Ex Rel. James Robinson v. Thomas Israel, Warden, Joliet Correctional Center and Allyn Sielaff, Director of Corrections, 603 F.2d 635, 1979 U.S. App. LEXIS 12786 (7th Cir. 1979).

Opinions

ON REHEARING EN BANC

BAUER, Circuit Judge.

Petitioner-appellant James Robinson appeals from the order of the district court dismissing his petition for a writ of habeas corpus, in which he challenged his present incarceration on the ground that his plea of guilty in state court was constitutionally invalid. The sole issue on appeal is whether the petitioner’s negotiated plea to an indeterminate sentence of from ten to forty years imprisonment violated the due process clause where, subsequent to the trial court’s acceptance of the plea and imposition of the recommended sentence, the prosecutor and the trial court, without informing the petitioner, recommended as part of a statutorily required statement to the Illinois Parole and Pardon Board that the petitioner serve the maximum time possible under the sentence imposed. We conclude that petitioner has not stated a constitutional claim cognizable under 28 U.S.C. § 2254, and therefore affirm the judgment appealed from for the reasons set forth below.

I

On November 17,1972, pursuant to a plea agreement in which the sentencing judge did not participate, petitioner entered a plea of guilty to the charge of forcible rape. [637]*637In accordance with the agreement, the trial court sentenced the petitioner to a ten to forty year prison term. Four days later, the prosecutor prepared an Official Statement of State’s Attorney and Trial Judge, commonly referred to as a “pen letter”, which was signed by both the prosecutor and the sentencing judge. The “pen letter” was sent to the Illinois Parole and Pardon Board pursuant to Ill.Rev.Stat. (1971), ch. 108, § 203, now codified at Ill.Rev.Stat. (1977), ch. 38, §§ 1005 — 4-1. The “pen letter” contained the prosecutor’s statement to the parole board of the facts and circumstances surrounding the petitioner’s crime, and concluded with the prosecutor’s and sentencing judge’s recommendation on the petitioner’s future eligibility for parole, as follows:

“Recommendation to Parole Board:
It is recommended that this defendant serve the maximum time possible under the 10 — 40 year sentence imposed upon him.”

Petitioner subsequently discovered the existence of the “pen letter” upon reviewing his prison file and in January, 1973, filed a post-conviction petition challenging the entry of his guilty plea. This petition was denied by the trial court at the conclusion of an evidentiary hearing, and the denial was affirmed by the Illinois Appellate Court in June, 1974. People v. Robinson, 20 Ill.App.3d 112, 312 N.E.2d 703 (3rd Dist. 1974) (Justice Stouder dissenting). The Illinois Supreme Court denied petition for leave to appeal in September, 1974.

In February, 1976, petitioner brought the present action, seeking federal habeas corpus relief on the grounds that his plea was induced by false promises of the prosecutor and the trial judge, and that he did not knowingly and voluntarily enter his plea of guilty because at the time of his plea he was not sufficiently advised of the consequences of his plea. Following a plenary hearing, the district court dismissed the petition on February 15, 1977, and the petitioner appealed from that judgment to this Court. On August 22, 1978, a three-judge panel of this Court reversed and remanded the district court order. United States ex rel. Robinson v. Israel, 581 F.2d 1276 (7th Cir. 1978). Subsequently upon the granting of the petition to that effect, the case was reheard by the Court en banc.

II

Petitioner asserts two grounds as the basis for vacating his guilty plea and permitting him the opportunity to plead anew. First, he contends that the plea agreement was breached by the sending, without his knowledge, of the “pen letter” recommendation opposing his parole. Second, petitioner contends that his plea was not made knowingly and voluntarily because he was not informed that as a consequence of his plea and the unfavorable parole recommendation his parole could be delayed several years. We are unpersuaded by the arguments advanced in support of these contentions and accordingly conclude, as did the district court, that there was compliance with the plea bargain agreement and that the petitioner’s guilty plea was not invalidated by the failure to advise him of the “pen letter” transmittal to the parole board recommending parole ineligibility.

Petitioner relies on Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971) as support for his contention that the plea agreement was breached by the unfavorable parole recommendation. We find petitioner’s reliance on Santobello to be misplaced. The holding in Santobello required strict adherence to the specific and express terms of the plea agreement reached between the criminal defendant and the state. In the instant case, the trial judge clearly abided by the express terms of the plea agreement: Robinson was promised and received a ten to forty year prison term in return for his guilty plea. The prosecutor made no promise whatsoever with regard to parole. Indeed, as the petitioner himself admitted at his state court post-conviction hearing, the subject of parole was never raised during the plea negotiations. Since the prosecutor made no specific, express sentencing promise concerning parole, it cannot be said that, [638]*638under the strictures of Santobello, petitioner’s plea was invalid. Nor can it be said that the prosecutor in this case even “implied” a promise not to make any recommendation concerning parole, for, as this Court has previously held, proceedings before a parole board are not part of the sentencing process or a criminal prosecution. Ganz v. Bensinger, 480 F.2d 88, 89 (7th Cir. 1973). Thus, petitioner received the exact sentence he bargained for in exchange for his plea of guilty, and we are therefore satisfied that there was full compliance with the plea bargain.

Petitioner further contends that his plea was not rendered knowingly and voluntarily due to the failure of the trial court to admonish him concerning the fact that an unfavorable parole recommendation would be sent to the parole board as part of the “pen letter”. While it is true, as petitioner asserts, that Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), required that a defendant entering a plea must be informed of the consequences of the plea, only direct consequences of the plea must necessarily be explained to the defendant. United States v. Lambros, 544 F.2d 962, 966-967 (8th Cir. 1976), cert. denied, 430 U.S. 930, 97 S.Ct. 1550, 51 L.Ed.2d 774 (1977).

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603 F.2d 635, 1979 U.S. App. LEXIS 12786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-ex-rel-james-robinson-v-thomas-israel-warden-ca7-1979.