People v. Guerrero
2012 IL 112020
Ill.2012Background
- Defendant Rolando Guerrero pled guilty to first degree murder in 1991 in exchange for a 50-year sentence, with no MSR admonishment discussed on the record.
- The trial court advised penalties and confirmed it was not bound by the plea agreement, and sentenced Guerrero to 50 years with no MSR noted in the judgment.
- Guerrero filed a pro se postconviction petition in 1994; it was dismissed and later affirmed on appeal.
- In 2006 Guerrero filed a pro se successive postconviction petition asserting lack of MSR admonishment and relying on Whitfield (2005).
- The circuit court held a hearing in 2007 on the leave petition; it found no cause to file a successive petition because Guerrero had prior knowledge of MSR.
- The appellate court initially reversed, granting a Whitfield-based reduction; the supreme court remanded to apply Morris (2010) prospectivity, then the appellate court again reversed, but the supreme court ultimately reversed the appellate court and affirmed the circuit court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Guerrero showed cause to file a successive petition | Guerrero argues lack of MSR admonishment prevented timely claim. | State contends Guerrero had no valid cause due to preexisting knowledge. | Cause not established; leave denied. |
| Whether Guerrero demonstrated prejudice from lack of MSR admonishment | Guerrero asserts plea involuntary due to MSR issue. | State contends proper plea and waiver bar prejudice. | Prejudice not shown; no relief. |
| Applicability of Whitfield and Morris to Guerrero's claim | Whitfield should apply retroactively to grant relief. | Whitfield applies prospectively; Morris confirms timing. | Whitfield not controlling for Guerrero; Morris governs prospectivity. |
Key Cases Cited
- People v. Whitfield, 217 Ill. 2d 177 (Ill. 2005) (new rule applying to MSR admonishment in postconviction context)
- People v. Morris, 236 Ill. 2d 345 (Ill. 2010) (Whitfield applies prospectively)
- People v. McCoy, 74 Ill. 2d 398 (1979) (MSR/parole admonishment issues and involuntary plea)
- People v. Leason, 352 Ill. App. 3d 450 (Ill. App. 2004) (preservation of claims despite unfavorable law)
- People v. Didley, 213 Ill. App. 3d 910 (Ill. App. 1991) (MSR admonishment precedents favor relief)