People v. Partida
119 N.E.3d 508
Ill. App. Ct.2019Background
- Steven J. Partida pleaded guilty to home invasion (720 ILCS 5/12-11(a)(3)) and received a 23-year sentence including a 15-year firearm enhancement.
- His first postconviction petition was summarily dismissed and that dismissal was affirmed on appeal.
- On July 18, 2016 Partida filed a pro se motion for leave to file a second successive postconviction petition; the State filed a written objection on July 26, 2016; Partida filed a written response on August 15, 2016.
- At the August 26, 2016 hearing (with Partida absent) the prosecutor discussed the objection on the record and the trial court then denied leave after that short exchange.
- On appeal the parties agreed the trial court erred by permitting the State to participate at the “leave” stage; the State nevertheless asked the appellate court to resolve the cause-and-prejudice question de novo for judicial economy.
- The appellate court vacated the denial and remanded for the trial court to conduct an independent, State-free determination of whether Partida established cause and prejudice to file the successive petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by considering the State's input when ruling on a motion for leave to file a second successive postconviction petition | State conceded allowing input was error but urged appellate de novo review to decide cause and prejudice for judicial economy | Partida argued the trial court improperly relied on the State's objection and the court must independently decide leave without State input | Court vacated the denial and remanded for the trial court to independently determine whether Partida established cause and prejudice (no appellate de novo determination) |
Key Cases Cited
- People v. Bailey, 2017 IL 121450 (Illinois Supreme Court) (trial court must decide leave to file successive postconviction petition without input from the State)
- People v. Baller, 2018 IL App (3d) 160165 (App. Ct.) (discusses whether appellate court may decide cause and prejudice where trial court considered State input)
- People v. Munson, 2018 IL App (3d) 150544 (App. Ct.) (trial court must conduct independent inquiry at leave stage)