People v. Skillom, 74 N.E.3d 117

Markie L. Skillom pleaded guilty to aggravated robbery (Class 1) but was informed he would be sentenced as a Class X offender based on two prior convictions; Class X carries a mandatory minimum and is nonprobationable.
Ten days after the plea, Skillom moved to withdraw his plea, alleging he misunderstood that the plea would allow probation and that defense counsel told him otherwise.
At two hearings on the motion (initial and after remand), the court allowed defense counsel to question Skillom and permitted the State to cross-examine; the court did not appoint new counsel or conduct a neutral, independent inquiry into the ineffective-assistance claim.
The trial court denied the motion to withdraw the plea and later sentenced Skillom to 12 years as a Class X offender; various fines and fees were imposed.
On appeal the appellate court found the trial court’s Krankel inquiry was not neutral and nonadversarial (contrary to Jolly), but concluded the error was harmless because the plea hearing transcript objectively demonstrated thorough admonishments that cured any reliance on counsel’s alleged misadvice.
The court also held Skillom was entitled to monetary credit ($5/day) for 566 days in presentencing custody ($2,830) and modified the sentencing order to show the assessed fines were satisfied by that credit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by not appointing new counsel and by allowing the State to participate adversarially during the Krankel inquiry into alleged ineffective assistance	The court conducted an adequate inquiry and defendant’s claim lacked merit	Defense counsel had a conflict / possible neglect; the court should have conducted a neutral inquiry and appointed new counsel	Court: The inquiry was not neutral (error), but the error was harmless because the plea transcript rebuts defendant’s claim
Whether defendant is entitled to $5/day credit for presentencing custody against certain fines	The State conceded those fines are creditable but argued overall assessment stands	Skillom sought statutory $5/day credit for 566 days to offset listed fines	Court: Skillom entitled to $2,830 credit; fines at issue ($91.75) satisfied; sentencing order modified

People v. Krankel, 102 Ill. 2d 181 (Ill. 1984) (trial court must inquire into pro se claims of ineffective assistance and may need to appoint new counsel)
People v. Moore, 207 Ill. 2d 68 (Ill. 2003) (preliminary inquiry methods and standards for Krankel claims)
People v. Jolly, 2014 IL 117142 (Ill. 2014) (Krankel inquiry must be neutral and nonadversarial; State’s adversarial participation can require reversal)
Neder v. United States, 527 U.S. 1 (U.S. 1999) (distinguishing structural error from errors subject to harmless-error review)
People v. Valdez, 2016 IL 119860 (Ill. 2016) (court admonitions can cure prejudice from counsel’s incorrect advice)
People v. Ramirez, 162 Ill. 2d 235 (Ill. 1994) (proper admonishments can negate reliance on counsel’s misrepresentations)
People v. Jones, 144 Ill. 2d 242 (Ill. 1991) (thorough plea colloquy undermines claims that defendant relied on counsel’s promises)