People v. Snyder
2011 IL 111382
Ill.2011Background
- defendant pled guilty to intimidation and criminal damage to property under a partially negotiated plea; sentences: concurrent extended terms of 10 years (intimidation) and 6 years (criminal damage), plus 1 year MSR, served consecutively to MSR in an unrelated arson case; restitution of $2,891 ordered; trial court failed to admonish about restitution under Rule 402; appellate court vacated the extended-term on the damaged-property conviction and vacated the restitution order; State appealed seeking reinstatement of restitution and cross-relief on the extended-term issue; defendant did not seek withdrawal of her plea and did not want to withdraw; court reversed restitution vacatur and affirmed other parts; Whitfield involved negotiated plea with specific sentence; Jenkins held restitution vacatur remedy for incomplete admonition; Seyferlich rejected Jenkins remedy and favored withdrawal; the Court adopts Seyferlich and holds withdrawal remedy governs partial pleas; the trial court’s failure to admonish about restitution was the asserted error; the decision ultimately affirms the appellate court in part and reverses in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remedy for incomplete Rule 402 admonishment | State argues restitution must be vacated | Snyder argues withdrawal not sought; Jenkins remedy applicable | Vacatur of restitution not required; withdrawal remedy adopted |
| Whether the 10-year extended term for intimidation was excessive | State argues within discretion given aggravating factors | Appellate court erred in allowing maximum extension | No abuse of discretion; 10-year term affirmed |
| Consecutively to MSR in unrelated case and restitution impact | State supports consecutive MSR linkage; restitution issue unresolved | Challenge to consecutive sentencing and restitution admonishments | Consecutive sentencing upheld; restitution issue decided by Rule 402 remedy in above issue |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (U.S. 1971) (plea promises must be fulfilled when part of an inducement)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (ensures guilty plea is voluntary and intelligent)
- Whitfield v. People, 217 Ill. 2d 177 (Ill. 2005) (benefit-of-the-bargain approach in negotiated pleas; MSR included in negotiated term)
- Jenkins v. People, 141 Ill. App. 3d 602 (4th Dist. 1986) (vacatur of restitution order for incomplete admonition in open plea)
- Seyferlich v. People, 398 Ill. App. 3d 989 (2d Dist. 2010) (withdrawal remedy for incomplete admonition in partially negotiated plea; rejects Jenkins approach)
- Harris v. People, 359 Ill. App. 3d 931 (2d Dist. 2005) (limits on remedy where lack of admonition causes prejudice; supports withdrawal approach under Seyferlich)