People v. Trujillo
972 N.E.2d 184
Ill. App. Ct.2012Background
- Defendant Manuel Trujillo was convicted on multiple counts of possession and possession with intent to deliver after a December 2006 police search of his home.
- The State’s evidence included narcotics, scales, and baggies; he was arrested on December 7, 2006 and gave a custodial statement.
- On direct appeal, this court vacated seven convictions to comply with one-act, one-crime and affirmed the remainder, with an adjusted mittimus.
- In September 2010, Trujillo filed a pro se postconviction petition alleging ineffective assistance of trial counsel for failing to inform him of a six-year plea offer from the State, supported by an affidavit and a letter from counsel to ARDC.
- The trial court summarily dismissed the petition in September 2010; on appeal, the issue centered on whether the plea-offer claim had an arguable basis and could survive dismissal.
- The appellate court reversed and remanded for further proceedings on the ineffective-assistance claim and to reconsider presentence custody credit after determining the time in federal custody was a consequence of the offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to disclose plea offer | Trujillo argues counsel failed to inform him of the State’s six-year offer. | Court-appointed counsel’s letter suggests disclosure occurred; credibility unresolved. | Remanded for further proceedings to resolve credibility and merits. |
| Credit for presentence custody time | Requests credit for 96 days; argues federal custody was PAGE of present case. | Record unclear on exact custody periods; some days in INS custody not clearly tied to the offense. | Remanded to recalculate proper presentence custody credit. |
Key Cases Cited
- People v. Hodges, 234 Ill. 2d 1 (2009) (de novo review at first stage; test for arguable merit of postconviction claims)
- People v. Brown, 236 Ill. 2d 175 (2010) (frivolous or patently meritless petitions are dismissed at first stage)
- People v. Coleman, 183 Ill. 2d 366 (1998) (consideration of postconviction claims beyond pleadings when affidavits referenced)
- People v. Airmers, 34 Ill. 2d 222 (1966) (pleading sufficiency and record considerations in postconviction context)
- Whitfield v. People, 40 Ill.2d 308 (1968) (right to plead guilty decisions and counsel duties in plea negotiations)