People v. Greco
2014 IL App (1st) 112582
Ill. App. Ct.2014Background
- In 2005 Greco pleaded guilty to criminal drug conspiracy predicated on delivery of 15–100 grams of cocaine and was sentenced to 7 years’ imprisonment. He did not timely challenge the plea.
- The factual basis included co‑conspirator statements describing multiple transactions, including recovery of 123.5 grams of cocaine in one transaction.
- In 2008 Greco filed a postconviction petition (and a 2‑1401 motion) claiming trial counsel failed to advise him that the plea risked deportation, the court failed to admonish him of immigration consequences, and his 7‑year sentence was below a statutory 9‑year minimum. The trial court dismissed; this court remanded for second‑stage proceedings and the petition was then dismissed again.
- Greco relied on Padilla v. Kentucky to assert counsel was ineffective for not advising about deportation and argued Padilla’s logic should require trial‑court admonishments; he also invoked People v. White to claim his sentence was void as below a statutory minimum.
- The trial court found Greco’s petition untimely but excused culpable negligence, rejected ineffective‑assistance and admonishment claims, and held White and Padilla do not apply retroactively to his final conviction.
Issues
| Issue | Plaintiff's Argument (Greco) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1) Whether counsel was ineffective for failing to advise that the plea risked deportation | Padilla requires counsel to advise noncitizen defendants of deportation risk; Greco would have gone to trial | Padilla announced a new rule (Chaidez) and is not retroactive; under pre‑Padilla law counsel was not required to advise about collateral immigration consequences | Court: Padilla is a new rule per Chaidez and does not apply retroactively; Greco failed to show ineffective assistance |
| 2) Whether the plea was not knowing and intelligent because the trial court failed to admonish about immigration consequences | Padilla’s reasoning should extend to require trial‑court admonishments; failure rendered plea involuntary | Illinois precedent (Delvillar) treats immigration consequences as collateral; trial courts are not constitutionally required to give such admonishments | Court: Padilla did not overrule Delvillar; trial court had no constitutional duty to admonish; claim fails |
| 3) Whether the plea and sentence are void because 7‑year sentence is below a statutory 9‑year minimum based on indictment/factual basis | The factual basis/indictment included conduct (100–400g) that would trigger a 9‑year minimum; under White pleas/sentences below statutory minima are void | White announced a new rule resolving prior confusion and is not retroactive; Greco received the benefit of his bargain and is estopped from attacking a favorable plea | Court: White does not apply retroactively; Greco got the benefit of his plea; plea and sentence are not void |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (counsel must advise noncitizen defendant about deportation risk under Strickland in certain cases)
- Chaidez v. United States, 133 S. Ct. 1103 (2013) (Padilla announced a new rule and does not apply retroactively to convictions final before Padilla)
- People v. White, 2011 IL 109616 (Ill. 2011) (trial court cannot impose sentence that does not conform to statutory mandatory enhancement; plea void if factual basis triggers mandatory enhancement)
- People v. Delvillar, 235 Ill. 2d 507 (Ill. 2009) (immigration consequences are collateral; due process does not require trial court admonishment of collateral consequences)
- Teague v. Lane, 489 U.S. 288 (1989) (framework for retroactivity of new procedural rules on collateral review)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
- Hill v. Lockhart, 474 U.S. 52 (1985) (Strickland applies to plea negotiations and guilty‑plea prejudice inquiry)