People v. Powers
356 Ill. Dec. 517
Ill. App. Ct.2011Background
- defendant Thomas J. Powers was convicted by jury of attempted aggravated criminal sexual assault and sentenced to 25 years.
- This court previously affirmed the conviction in an unpublished order in 2003; Powers later pursued multiple postconviction petitions and related appeals.
- After a remand in People v. Powers (2007), the trial court addressed a motion to reconsider and denied it, prompting this appeal.
- Powers filed a postconviction petition alleging ineffective assistance of trial counsel for providing incorrect information about a plea offer and good-conduct credit.
- The petition was dismissed at the second stage; the circuit court found no substantial showing of a constitutional violation.
- The appellate court concluded that counsel’s misstatement regarding good-conduct credit was collateral and did not prejudice Powers; the petition was properly dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel ineffective for misinforming about the plea offer? | Powers claims counsel provided incorrect information on plea terms and consequences. | Powers contends correct credit calculations would have altered the plea decision. | No prejudice shown; dismissal affirmed. |
| Does misinforming about good-conduct credit constitute a direct or collateral consequence? | Incorrect credit information is a direct consequence of the plea. | Credit calculations are collateral and not a direct consequence of pleading. | Credit issue deemed collateral; not a direct consequence. |
| Did Powers fail to show a substantial constitutional violation at second postconviction stage? | Petition should be examined for deficiency in counsel's performance and prejudice. | No substantial showing of ineffective assistance or resulting prejudice. | No substantial showing; petition properly dismissed. |
Key Cases Cited
- People v. Curry, 178 Ill.2d 509 (1997) (right to be informed about direct consequences of plea)
- People v. Frison, 365 Ill.App.3d 932 (2006) (good-conduct credit not a direct consequence of a guilty plea)
- People v. Coleman, 183 Ill.2d 366 (1998) (standard for postconviction proceedings)
- People v. Miller, 393 Ill.App.3d 629 (2009) (ineffective-assistance standard and prejudice showing)
- People v. Wallace, 406 Ill.App.3d 172 (2010) (de novo review of postconviction dismissal)