People v. McDermott
2014 IL App (4th) 120655
Ill. App. Ct.2014Background
- Defendant Jason T. McDermott pleaded guilty pursuant to negotiated pleas in two cases: Champaign County (aggravated battery) and McLean County (unlawful altering of a title document), each with an agreed 5-year sentence and specified presentence credit (222 days in Champaign; 233 days in McLean).
- DOC’s sentence calculations did not apply the bargained-for presentence credit to those sentences, because DOC treated that time as included in credit applied to a consecutive Du Page County sentence, effectively denying “double credit.”
- Defendant filed pro se postconviction petitions in both cases, asserting he did not receive the benefit of his plea bargains and sought amended judgments reducing his terms to account for the missing credit (and associated good-conduct credit); he did not seek to withdraw his pleas.
- Both circuit courts summarily dismissed the petitions as frivolous and ordered fees/costs in Champaign County; defendant appealed and the appeals were consolidated.
- The State conceded on appeal that defendant did not receive the bargained-for credit and that sentence reductions approximating the agreed bargains were appropriate; the appellate court accepted the concession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary dismissal of the postconviction petitions was proper where DOC failed to apply bargained-for presentence credit | State conceded defendant did not receive promised credit and agreed sentences should be reduced to give benefit of bargain | Defendant argued plea bargains expressly promised specified days of credit; denial violated due process (loss of bargained-for benefit) | Court reversed dismissals, accepted State’s concession, vacated sentences and remanded with directions to impose reduced terms approximating the bargain |
| Whether Champaign County court’s order requiring payment of postconviction filing fee and costs should be vacated | State conceded the petition was not frivolous and fees should be vacated | Defendant argued petition was meritorious and fees improperly imposed | Court vacated the fee/costs order in Champaign County |
Key Cases Cited
- Hodges v. People, 234 Ill. 2d 1 (standard for first-stage postconviction dismissal)
- Gaultney v. People, 174 Ill. 2d 410 (postconviction petition need only allege gist of a constitutional claim)
- Brown v. People, 236 Ill. 2d 175 (liberal construction of postconviction petitions)
- Whitfield v. People, 217 Ill. 2d 177 (defendant entitled to benefit of plea bargain; remedies where bargain not honored)
- Santobello v. New York, 404 U.S. 257 (prosecutorial promises in plea agreements must be fulfilled)
- Latona v. People, 184 Ill. 2d 260 (rule against earning two credits for the same day in custody)
- People ex rel. Ryan v. Roe, 201 Ill. 2d 552 (equitable remedy by modifying sentence to approximate original plea consequences)