People v. Curry
127 N.E.3d 1139
Ill. App. Ct.2019Background
- Defendant Tondwin R. Curry pled guilty pursuant to a fully negotiated plea to one count of aggravated DUI (Class 2) in exchange for 24 months’ probation; remaining charges were dismissed. At plea the court incorrectly told him the charge carried up to 2 years’ imprisonment. No Rule 604(d) motion or direct appeal from that plea was filed.
- State later filed a petition to revoke probation for failure to report; defendant signed a written admission and admitted the petition in court, waiving a hearing and confrontation rights.
- At the revocation/sentencing hearing the court treated the offense as Class 2 and resentenced Curry to 3 years’ imprisonment (court at one point stated the range was 3–7 years).
- Curry appealed, arguing (1) his guilty plea was involuntary because of the incorrect admonition and thus should be vacated, (2) the court failed to substantially comply with Illinois Supreme Court Rule 402A in taking his admission to the revocation petition, and (3) he is entitled to $675 monetary credit ($5/day for 135 days) against fines.
- The State conceded the monetary-credit claim but argued the appellate court lacked jurisdiction to vacate the original guilty plea; the appellate court found the plea nonvoid and declined to vacate it on this appeal but found Rule 402A errors requiring vacatur of the revocation order and remand.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Curry) | Held |
|---|---|---|---|
| Jurisdiction to vacate original guilty plea on revocation appeal | Appeal from revocation cannot be used to attack a valid underlying plea; defendant failed to file Rule 604(d) motion or timely appeal, so appellate court lacks jurisdiction to vacate plea | Plea was involuntary due to incorrect admonition (stated max 2 years), so plea should be vacated despite no Rule 604(d) motion | Court lacks jurisdiction to vacate the guilty plea on this appeal because the plea is not void and defendant did not follow Rule 604(d) remedies |
| Remedy sought (vacatur vs sentence reduction) | If admonition error, remedy limited to reducing sentence on revocation where possible | Because statutory minimum is 3 years, sentence cannot be reduced to match incorrect 2-year admonition; thus plea should be vacated | Vacatur of plea not available on revocation appeal; reducing sentence not appropriate here because defendant seeks vacatur and the plea-review jurisdictional bar applies |
| Compliance with Rule 402A in accepting admission to revocation petition | Court substantially complied or errors were forfeited | Court failed to inform Curry he could present witnesses/evidence, that State must prove violation by preponderance, and failed to ensure he understood sentencing range | Court held Rule 402A(a) substantial-compliance failures occurred (not forfeited); vacated revocation order and remanded for new admonishments/ proceedings |
| Monetary credit for presentence custody ($5/day) | Conceded defendant is entitled to credit if fines exceed $1000 | Seeks $675 credit for 135 days against fines (statutory $5/day) | Court accepted State’s concession: remand to apply $675 credit against fines |
Key Cases Cited
- People v. Dieterman, 243 Ill. App. 3d 838 (appellate court 1993) (timely Rule 604(d) motion and notice of appeal are jurisdictional prerequisites to review of a guilty plea)
- In re J.T., 221 Ill. 2d 338 (Illinois 2006) (appeal is perfected by timely notice; appellate jurisdiction vests on appeal filing)
- In re T.E., 85 Ill. 2d 326 (Illinois 1981) (generally cannot collaterally attack an unappealed probation order in a revocation appeal unless the original judgment is void)
- People v. Speed, 318 Ill. App. 3d 910 (appellate court 2001) (no jurisdiction to review underlying conviction on revocation appeal where Rule 604/606 steps were not taken unless conviction is void)
- People v. Taylor, 368 Ill. App. 3d 703 (appellate court 2006) (cases allowing sentence reduction on revocation appeal where plea admonitions misstated sentencing exposure, but withdrawal of plea was unavailable on revocation appeal)