People v. Schlabach
2012 IL App (2d) 100248
Ill. App. Ct.2012Background
- Defendant Daniel L. Schlabach was indicted on multiple DUI charges and cannabis possession, with separate sexual assault charges filed in a new case.
- May 8, 2002 guilty plea included intimidation (nine-year sentence) and aggravated DUI, with the DUI sentence stated as costs only.
- The aggravated DUI conviction was under 11-501(d)(1)(A); the DUI sentence of costs only was not an authorized disposition for a felony.
- Seven years after sentencing, Schlabach filed a pro se section 2-1401 petition to vacate the aggravated DUI plea, which the trial court dismissed as untimely.
- The appellate court held the costs-only sentence void, concluded the plea agreement was defective and unenforceable, and remanded to correct the sentences and admonishments or allow withdrawal, rather than vacating the conviction.
- Court remanded for proper admonishments about possible consecutive sentences and for a Whitfield-type correction or withdrawal of the plea, subject to State agreement and potential prejudice to the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the costs-only aggravated DUI sentence was void and the timing of relief. | Schlabach | Schlabach | Void; remand for proper sentence corrections |
| Whether due process requires vacatur of the aggravated DUI conviction due to sentencing delay. | People | Schlabach | Not vacated; remedy is corrected sentence or withdrawal under Whitfield/Brown framework |
| Whether the remedy must address both the aggravated DUI and intimidation pleas given the plea agreement. | People | Schlabach | Remand allowed correction of the sentences; severability not allowed; agreement treated as single instrument |
| What is the proper procedural remedy on remand given the void sentence and plea agreement. | People | Schlabach | Allow correction of sentences and, if desired, withdrawal of the plea with State agreement; Whitfield guidance applied |
Key Cases Cited
- People v. Brown, 225 Ill. 2d 188 (2007) (voidability of voidable judgments; framework for correction vs vacatur)
- People v. Whitfield, 217 Ill. 2d 177 (2005) (remedy to correct sentenced term to authorized form; right to benefit of bargain)
- People v. Bannister, 236 Ill. 2d 1 (2009) (contract-law principles apply to plea agreements; severability)
- People ex rel. Ryan v. Roe, 201 Ill. 2d 552 (2002) (void sentence corrected where properly before court)
- People v. Thompson, 209 Ill. 2d 19 (2004) (voidness claim can be raised on appeal; collateral attack permitted)
- Boenert v. Barrett, 202 Ill. 287 (1903) (due-process limits on indefinite sentencing)
- People v. Williams, 309 Ill. App. 3d 1022 (2000) (delay in sentencing as due-process concern; not controlling here)
- Wigginton v. Dell, Inc., 382 Ill. App. 3d 1189 (2008) ( severability and contract interpretation in plea contexts)
- Whitfield (repetition), 217 Ill. 2d 177 (2005) (guidance on correcting sentencing to honor plea agreement)