People v. Sweeney
2012 IL App (3d) 100781
Ill. App. Ct.2012Background
- Sweeney pled guilty to driving while license suspended, 625 ILCS 5/6-303(d-1).
- The court imposed a six-year prison term but stayed execution for 30 months with recognizance release and reporting requirements.
- Over 45 months later, the court sua sponte vacated the sentence and imposed a 30-month probation term.
- The State later petitioned to revoke probation, and the court imposed a six-year prison term after revocation.
- Sweeney appeals, challenging (a) the original sentence and stay as unauthorized, (b) the June 12, 2008 void proceeding, and (c) whether she earned credit for probation time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the 6-year sentence with a 30-month stay | People contends the stay was authorized as part of the sentence. | Sweeney argues the stay was unauthorized and/or the entire sentence void. | Portion staying the sentence void; entire plea agreement void; remand allowed to withdraw plea. |
| Void June 12, 2008 proceeding to vacate and modify sentence | People contends revestment or authority supported the modification. | Sweeney argues lack of counsel and void proceedings. | June 12, 2008 proceeding void; stay/30-month probation void; warrants remand. |
| Credit for time on probation | People argues discretion to award probation credit rests with trial court. | Sweeney seeks credit for time spent on probation. | Trial court did not abuse discretion; credit denied absent affirmative basis. |
| Remand procedure and withdrawal of guilty plea | People seeks reinstatement or re-sentencing under guidelines if plea persists. | Sweeney may elect to withdraw plea and proceed to trial. | Remand with ability to withdraw plea; if persist, resentence under statutory guidelines. |
Key Cases Cited
- People v. O’Connor, 37 Ill. App. 3d 310 (1976) (stay may be used to await appeal or probation compliance)
- People v. Rosin, 75 Ill. 2d 151 (1979) (more than 30 days prevents modification of sentence)
- People v. Hills, 78 Ill. 2d 500 (1980) (court cannot modify sentence more than 30 days after imposition)
- Simmons, 256 Ill. App. 3d 651 (1993) (illegality can void entire plea agreement)
- People v. Flowers, 208 Ill. 2d 291 (2003) (post-judgment modification authority limited to 30 days)
- People v. Kauffman, 172 Ill. App. 3d 1040 (1988) (probation credit not automatic; discretionary)
- People v. Minniti, 373 Ill. App. 3d 55 (2007) (revestment doctrine limitations)
- People v. Graham, 406 Ill. App. 3d 1183 (2011) (legal standards for void judgments on de novo review)
- People v. Hare, 315 Ill. App. 3d 606 (2000) (illegality of partial plea enforcement)
- In re Daugherty, 104 Ill. App. 3d 89 (1982) (scope of court's authority over sentences)