People v. Vinokur
353 Ill. Dec. 197
Ill. App. Ct.2011Background
- Vinokur, a Russian-born permanent resident, was arrested after a January 5, 2003 traffic stop disclosed marijuana in his car.
- He pled guilty on April 28, 2003 to possession of cannabis with intent to deliver (30–500 g).
- Judgment imposed first-time offender probation: 24 months, 30 hours of community service, 3 drug tests, and $1,500 probation fees.
- Probation terminated on April 15, 2005 as successfully completed.
- After learning the guilty plea could subject him to deportation, Vinokur filed a postconviction petition on December 1, 2008 alleging the plea was not knowing or voluntary due to misstatement of immigration consequences.
- The trial court summarily dismissed the petition for lack of standing on February 20, 2009; Vinokur timely appealed on March 17, 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vinokur had standing to file a postconviction petition | State: Vinokur lacked standing after completion of sentence | Vinokur argues Carrera controls; void-sentence claim can be raised later | Vinokur had no standing; petition properly dismissed at first stage. |
| Whether standing can be raised at the first stage | Steward supports dismissal for standing at first stage | Standing is an affirmative defense; may be raised later | Court affirmed dismissal at first stage for lack of standing. |
| Whether Vinokur’s sentence was void and vacatable | Void sentence may be attacked at any time | But petition not properly before court due to lack of standing | Void-sentence claim not considered; petition dismissed for lack of standing. |
Key Cases Cited
- People v. Carrera, 239 Ill.2d 241 (2010) (standing for deportation-related postconviction claims; deportation collateral)
- People v. Rajagopal, 381 Ill.App.3d 326 (2008) (imprisoned in penitentiary includes direct consequences of plea)
- People v. Flowers, 208 Ill.2d 291 (2003) (void orders attacked in proper pending proceeding; lack of jurisdiction voids)
- People v. Steward, 406 Ill.App.3d 82 (2010) (standing as frivolous/patently without merit ground for first-stage dismissal)
- Boclair v. Illinois, 202 Ill.2d 89 (2002) (merit includes standing; framework for first-stage review)
- People ex rel. Alvarez v. Skryd, 241 Ill.2d 34 (2011) (timeliness/authority issues in postconviction context)