People v. Clark
956 N.E.2d 1078
Ill. App. Ct.2011Background
- Clark was charged in separate cases: 05-CF-1003 residential burglary and 05-CF-1320 armed robbery, with custody preceding plea.
- He remained in custody 28 days before bond release on May 2, 2005, and 331 days before pleading guilty to burglary and to a reduced charge of attempted armed robbery.
- Plea agreement: eight years for each offense, consecutive sentences, with credits claimed as 339 days (burglary) and 311 days (attempted armed robbery) toward the aggregate term.
- Clark testified his attorney told him the State agreed to the 339/311-day credits; the attorney contradicted this, indicating no such agreement on 650 days of credit.
- The trial court sentenced Clark to eight years on each count, running consecutively, and did not clarify the total credit expectation.
- The issue on appeal was whether Clark should receive the benefit of the bargain by reducing the attempted armed robbery term to approximate 650 days of credit, given time served concurrently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea bargain included 650 days of credit total | Clark argues for 650 days of credit under the bargain. | Clark contends the State promised 650 days credit, or at least that credits should be counted to reflect the bargain. | Credit was mis-stated; modify mittimus to reflect reduced attempted armed robbery term, approximating the bargain. |
| Whether out-of-court negotiations can be used to interpret the plea terms | State relies on in-court statements; Whitfield limits such evidence. | Whitfield precludes considering off-record discussions for plea terms. | Open-court statements control; outside negotiations cannot alter the understood bargain. |
| Appropriate relief to preserve the benefit of the bargain when credits would effectively merge | State argues no double credit; no alteration of MSR terms. | Prize is to receive benefit of the bargain; reduce attempted armed robbery term accordingly. | Reduce attempted armed robbery sentence to 6 years 108 days to approximate the bargain. |
Key Cases Cited
- People v. Whitfield, 217 Ill.2d 177 (2005) (benefit-of-bargain and open-court requirements for plea agreements)
- People v. Latona, 184 Ill.2d 260 (1998) (credit for time served not double-counted for multiple offenses)
- People v. Wills, 61 Ill.2d 105 (1975) (requirement to admonish on consequences of plea)
- People v. Dudley, 58 Ill.2d 57 (1974) (open-court announcement of agreement; merging understandings into record)
- People v. Johnson, 286 Ill.App.3d 597 (1997) (pre-Latona discussion of concurrent credits under multiple offenses)