People v. Donelson
960 N.E.2d 1229
Ill. App. Ct.2011Background
- Donelson pled guilty to three offenses across two indictments and received concurrent sentences of 50 years (murder), 30 years (home invasion), and 30 years (aggravated criminal sexual assault).
- The 2001 plea resulted in convictions for first degree murder (felony murder based on aggravated sexual assault), home invasion, and aggravated criminal sexual assault.
- In 2003, the court reduced the murder sentence from 55 to 50 years and issued a new mittimus; the court stated the original sentence was vacated, not corrected.
- In 2009, Donelson filed a pro se 2-1401(f) petition seeking relief from judgment; the circuit court dismissed it, and on appeal he challenges the legality of the concurrent sentencing.
- The appellate court vacated the void sentence and remanded for resentencing consistent with the plea agreement and statutes, correcting the mittimus to reflect the proper count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the concurrent sentences violated 5-8-4 when mandatory consecutive sentencing applied | State argues sentences were proper under 5-8-4(a)/(b) | Donelson contends concurrent sentences violate 5-8-4(b) and are void | Yes, the concurrent sentences are void; remanded for resentencing consistent with law |
| Appropriate remedy for void sentences; whether withdrawal of the plea is warranted | Remand for resentencing suffices; plea not void | Plea should be vacated and withdrawn due to void sentence | Remand for resentencing; plea remains intact; not entitled to withdrawal |
| Correction of mittimus to reflect the correct conviction for sentencing | Mittimus should align with plea and counts | Mittimus error should be corrected | Mittimus must reflect sentencing on count V (aggravated criminal sexual assault/murder) |
Key Cases Cited
- People v. White, 2011 IL 109616 (Illinois Supreme Court 2011) (void sentencing issues where statutory requirements binding; remand for relief)
- People v. Absher, 2011 IL 2d 77 (Illinois Supreme Court 2011) (plea agreements governed by contract law; not every void sentence voids the entire plea)
- People v. Thompson, 209 Ill.2d 19 (Illinois Supreme Court 2004) (jurisdiction to correct void portion of a sentence; not require withdrawal of plea every time)