People v. Strom
2012 IL App (3d) 100198
Ill. App. Ct.2012Background
- Defendant Scott W. Strom pled guilty to one count of criminal sexual assault under a negotiated agreement.
- Plea agreement: four years in DOC plus two years of mandatory supervised release (MSR); second count dismissed.
- Court accepted the plea and imposed the four-year sentence plus two-year MSR, with other standard conditions (DNA, sex offender registry, costs).
- DOC later unilaterally increased Strom’s MSR to three years to life to comply with 5-8-1(d)(4) of the Code, while he was about to be released on parole.
- Strom filed a postconviction petition; after denial, he appealed challenging the MSR term as unauthorized by statute.
- The appellate court remanded, holding the MSR term imposed by DOC was void and the plea agreement void under White; ordered remand to allow withdrawal or trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MSR term imposed was authorized by statute | People: MSR must be three years to life; DOC’s two-year term was unauthorized. | Strom: trial court should have imposed a three-year MSR term under 5-8-1(d)(4) and the DOC’s action was improper. | MSR term imposed by DOC is void; trial court must determine authorized MSR during remand. |
| Appropriate remedy after an unauthorized MSR agreement | People: void plea; remand to allow withdrawal or trial as required by White. | Strom: remedy should modify sentence to reflect negotiated terms where possible. | Remand to allow withdrawal of plea or pursue new plea/sentence; cannot enforce void terms. |
Key Cases Cited
- People v. Arna, 168 Ill. 2d 107 (1995) (unauthorized sentence renders sentence void)
- People v. White, 2011 IL 109616 (Illinois Supreme Court 2011) (entire plea void when sentence unauthorized and defendant not properly admonished)
- Santobello v. New York, 404 U.S. 257 (1971) (plea-bargain breach requires remedy favorable to defendant)
- Whitfield, 217 Ill. 2d 177 (2005) (remedial strategies when plea agreement cannot be fulfilled)
- People v. Thompson, 209 Ill. 2d 19 (2004) (sentence not authorized by statute is void)
- People v. Rinehart, 406 Ill. App. 3d 272 (2010) (trial court has sentencing authority; DOC cannot unilaterally set MSR range)