People v. Longbrake
2013 IL App (4th) 120665
Ill. App. Ct.2013Background
- Defendant Erik Longbrake was convicted in 2009 of two counts of unlawful delivery of a controlled substance and sentenced to concurrent five-year terms plus $2,000 drug assessments per count.
- In 2011 the appellate court affirmed the convictions; its mandate issued January 18, 2012.
- On October 13, 2011, while appeal was pending, Longbrake filed a postconviction petition under the Act.
- The trial court sua sponte dismissed the petition with leave to refile because transcripts were unavailable pending mandate.
- Longbrake refiled the petition February 23, 2012; the trial court dismissed May 16, 2012 as patently without merit.
- The court remands for second-stage postconviction proceedings and to correct the drug assessments from $2,000 to $1,000 per count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal of the postconviction petition was proper | Longbrake contends dismissal was improper and should proceed to second stage | State contends dismissal was proper due to lack of ripe record | Remanded for second-stage proceedings |
| Whether the 90-day time limit for first-stage review was satisfied | Longbrake argues timely action occurred despite mandate timing | State argues proper dismissal still required under 90-day rule | 90-day deadline violation requires remand for second-stage proceedings |
| Whether the drug assessments must be reduced from $2,000 to $1,000 per count | Longbrake asserts $1,000 assessment per Class 2 felony is required | State concedes reduction is required | Remand to correct sentencing judgments to $1,000 per conviction |
Key Cases Cited
- People v. Harris, 224 Ill. 2d 115 (2007) (postconviction review may proceed concurrently with direct appeal)
- People v. Dorsey, 404 Ill. App. 3d 829 (2010) (first-stage scope includes records and transcripts; 90-day rule matters)
- People v. Porter, 122 Ill. 2d 64 (1988) (mandatory 90-day time limit for first-stage review)
- People v. Brooks, 221 Ill. 2d 381 (2006) (strong stance on mandatory 90-day limit; harmless-error analysis not applicable)
- People v. Roberson, 212 Ill. 2d 430 (2004) (sentence void if in conflict with statute; challengeable anytime)