People v. Smith
355 Ill. Dec. 713
Ill. App. Ct.2011Background
- Defendant Aaron C. Smith was charged with aggravated driving under the influence under 625 ILCS 5/11-501(a)(1), (d)(2)(E) based on prior DUI convictions.
- Charge alleged six or more prior DUI convictions, making the offense a Class X felony.
- A June 29, 2009 stipulated bench trial resulted in a guilty finding without contest to guilt; the only dispute was sentencing related to prior convictions.
- Sentencing occurred July 31, 2009, with a 25-year term; defendant filed a pro se motion to reduce sentence; counsel later filed a motion for new trial or to reduce.
- The trial court denied the postjudgment motion on May 29, 2010; defendant timely appealed the denial.
- The appellate court determined the stipulated bench trial was tantamount to a guilty plea, affecting the motion to reconsider under Rule 604(d) and Rule 12(b)(3) procedures for timely mailing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the postjudgment motion was timely filed | State argued lack of jurisdiction due to untimeliness. | Smith contends timely mailing placed within 30 days. | Motion untimely; trial court lacked jurisdiction; appeal dismissed. |
| Whether a stipulated bench trial constitutes a guilty plea for Rule 604(d) purposes | Stipulated bench trial was tantamount to a guilty plea, triggering Rule 604(d) timeliness. | Smith contends different treatment; reliance on counsel's advice regarding sentencing range. | Stipulated bench trial treated as guilty plea; Rule 604(d) applies. |
| Whether Rule 12(b)(3) proof of mailing requirements were satisfied for an incarcerated defendant | Pro se filings must be notarized affidavits of service to prove timely mailing. | Prison mail system and postmark can establish timely mailing despite non-notarized affidavits. | Not notarized affidavits insufficient; mail timing deemed September 2, 2009, rendering motion untimely. |
Key Cases Cited
- People v. Bellmyer, 199 Ill.2d 529 (2002) (stipulated bench trial tantamount to guilty plea; applies guilty-plea rules)
- People v. Tlatenchi, 391 Ill.App.3d 705 (2009) (proof of mailing for postplea motions; Rule 12(b)(3) affidavits required)
- People v. Hansen, 2011 IL App (2d) 081226 (2011) (prison-mail-system mailing; Rule 12(b)(3) applicability to inmates)
- People v. Lugo, 391 Ill.App.3d 995 (2009) (postmark not always sufficient proof of mailing under Rule 12(b)(3))
- People v. Flowers, 208 Ill.2d 291 (2003) (void-judgment principles; lack of subject-matter jurisdiction cannot be waived)
- People v. Johnson, 232 Ill.App.3d 882 (1992) (prison-mail posting and affidavits considerations for timely filings)
- People v. Saunders, 261 Ill.App.3d 700 (1994) (prison mail system treated as proper mailing channel)
- People v. Easley, 199 Ill.App.3d 179 (1990) (recognizes mail system considerations for incarcerated defendants)