People v. Ryburn

Decision Date04 November 2005
Docket NumberNo. 4-04-0836.,4-04-0836.
Citation841 N.E.2d 1013
PartiesThe PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas V. RYBURN, Defendant-Appellant.
CourtUnited States Appellate Court of Illinois

Charles M. Schiedel, Deputy Defender (Court-appointed), Allen H. Andrews, Assistant Defender, Office of the State Appellate Defender, Supreme Court Unit, Springfield, for Thomas Von Ryburn.

William A. Yoder, McLean County State's Attorney, Bloomington, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James C. Majors, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In July 2004, defendant, Thomas V. Ryburn, filed a petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2002)), seeking to set aside his multiple October 1999 guilty pleas. In August 2004, the trial court sua sponte dismissed defendant's petition as frivolous and without merit.

Defendant appeals, arguing that (1) his guilty pleas are void because the trial court's imposition of certain fines violated the guilty-plea agreement and (2) the court erred by sua sponte dismissing his section 2-1401 petition. We disagree and affirm.

I. BACKGROUND

In October 1998, the State charged defendant with four counts each of aggravated criminal sexual assault, criminal sexual assault, and aggravated criminal sexual abuse (720 ILCS 5/12-14(a)(1), 12-13(a)(1), 12-16(d) (West 1998)). Following a February 1999 stipulated fitness hearing, the trial court found defendant fit to stand trial.

At defendant's October 1999 guilty-plea hearing, defense counsel informed the trial court that defendant had agreed to plead guilty to three counts of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(1) (West 1998)). In exchange, the State agreed (1) to dismiss the remaining nine counts and other unrelated charges against defendant, (2) to recommend an aggregate sentence totaling no more than 60 years, and (3) that the court would not impose a fine on defendant.

The State provided the following factual basis for defendant's guilty pleas. On September 8, 1998, defendant appeared at the victim's residence and asked to use the telephone. The victim, who was acquainted with defendant, allowed him to come inside. After looking through a telephone book for a few minutes, defendant sneaked up behind the victim, held a knife to her throat, and repeatedly sexually assaulted her.

The trial court accepted the State's factual basis. The court also fully admonished defendant, outlined the terms of the plea agreement, and determined that he was knowingly and voluntarily pleading guilty. The court then accepted defendant's guilty pleas.

In November 1999, the trial court sentenced defendant to 20 years in prison on each count of aggravated criminal sexual assault, with those sentences to be served consecutively (730 ILCS 5/5-8-4(a) (West 1998)). The court also ordered that defendant pay the statutorily mandated $100 sexual-assault fine (730 ILCS 5/5-9-1.7(b)(1) (West 1998)). That same day, the circuit clerk imposed the statutorily mandated $25 fine under the Violent Crime Victims Assistance Act (725 ILCS 240/10 (West 1998)).

In December 1999, defendant filed a motion to withdraw his guilty pleas, alleging that he did not enter them knowingly and voluntarily. Following a February 2000 hearing, the trial court denied the motion.

Defendant appealed, arguing that (1) section 5-8-4(a) of the Unified Code of Corrections (730 ILCS 5/5-8-4(a) (West 1998)), requiring the imposition of consecutive sentences in his case, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000); (2) the trial court erred by finding him fit to plead guilty; and (3) the $25 fine imposed under the Victims Assistance Act was improper because the circuit clerk, not the trial court, imposed it.

This court affirmed defendant's convictions and 60-year aggregate sentence, vacated the $25 Victims Assistance Act fine, and remanded for the trial court to impose that fine. People v. Ryburn, No. 4-00-0117, 321 Ill.App.3d 1068, 277 Ill.Dec. 905, 797 N.E.2d 252 (June 22, 2001) (unpublished order under Supreme Court Rule 23). In January 2002, the trial court entered an order imposing a $25 fine under the Victims Assistance Act (725 ILCS 240/10 (West 1998)).

In June 2002, defendant pro se filed a petition for relief under the Post-Conviction Hearing Act (725 ILCS 5/122-1 through 122-8 (West 2002)). The petition raised the following constitutional claims: (1) defendant received ineffective assistance of guilty-plea counsel in that counsel (a) failed to raise a speedy-trial claim, (b) failed to call certain alibi witnesses, (c) failed to present evidence to corroborate the purported alibi, (d) failed to obtain police records that allegedly showed that the victim had a motive to fabricate her complaint against defendant, and (e) stipulated that defendant was fit to plead guilty; and (2) he received ineffective assistance of appellate counsel because counsel failed to raise on appeal the aforementioned issues. Later in June 2002, the trial court dismissed the petition as frivolous and patently without merit under section 122-2.1(a)(2) of the Act (725 ILCS 5/122-2.1(a)(2) (West 2002)). Defendant filed a notice of appeal, and the trial court appointed the office of the State Appellate Defender (OSAD) to serve as his counsel. In March 2003, OSAD moved to withdraw as counsel. (This court later granted OSAD's motion to withdraw as counsel on appeal of the trial court's dismissal of defendant's postconviction petition and affirmed that court's judgment. People v. Ryburn, No. 4-02-0552 (July 29, 2003) (unpublished order under Supreme Court Rule 23).)

Also in March 2003, defendant filed a "Petition for a New Trial," in which he alleged that he should not have to serve 85% of his 60-year aggregate prison sentence because the sentence was based on "tainted/perjuried [sic]" testimony in an unrelated case. Later that month, the trial court dismissed the petition, upon determining that the court lacked jurisdiction to consider it.

In April 2003, defendant filed a motion entitled "Petition to Chief Administrative Judge for Rehearing En Banc with Substitution of Judge and Conduct Review of Judges." Later that same month, the trial court dismissed the petition as frivolous, upon finding, inter alia, that defendant had been "engaging in a pattern of filing frivolous pleadings without factual or legal merit[,] all with the apparent end of obtaining relief from his convictions and sentences in [McLean County case No. 98-CF-1062]."

In July 2004, defendant filed a section 2-1401 petition (735 ILCS 5/2-1401 (West 2002)), seeking to set aside his October 1999 guilty pleas on the following grounds: (1) he received ineffective assistance of guilty-plea counsel in that counsel (a) "fraudulently concealed [the trial court's] violation of the guilty plea" agreement when the court imposed fines and ordered that defendant pay restitution, (b) violated several rules of professional conduct, (c) did not consult with him about what issues he wanted to raise in his motion to withdraw his guilty pleas, (d) filed a Supreme Court Rule 604(d) (188 Ill.2d R. 604(d)) certificate that was "suspect," (e) "fraudulently concealed" defendant's medical records, mental-health history, and certain exculpatory evidence, (f) failed to argue that his consecutive sentences were improper, and (g) failed to argue defendant's "legal innocents [sic]" in his motion to withdraw his guilty pleas; (2) the trial court violated several supreme court rules by failing to provide him with a free transcript of proceedings; and (3) his consecutive sentences violated Apprendi, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435.

In August 2004, the trial court sua sponte dismissed defendant's section 2-1401 petition, upon finding that it was frivolous and without merit. This appeal followed.

II. ANALYSIS
A. Defendant's Claim That His Guilty Pleas Are Void

Defendant first argues that his guilty pleas are void because the trial court's imposition of the statutorily mandated fines totaling $125 violated the plea agreement. Defendant failed to raise this issue in his section 2-1401 petition. However, a void judgment can be challenged at any time, either directly or collaterally. People v. Mathis, 357 Ill.App.3d 45, 51, 293 Ill.Dec. 51, 827 N.E.2d 932, 938 (2005). We thus address the merits of defendant's argument and, for the following reasons, reject it.

The United States Supreme Court has held that "when the prosecution breaches its promise with respect to an executed plea agreement, the defendant pleads guilty on a false premise, and hence his conviction cannot stand." Mabry v. Johnson, 467 U.S. 504, 509, 104 S.Ct. 2543, 2547, 81 L.Ed.2d 437, 444 (1984); see People v. Caban, 318 Ill.App.3d 1082, 1087, 252 Ill.Dec. 732, 743 N.E.2d 600, 604 (2001) (citing Mabry). Thus, "[a] prosecutor's unfulfilled promise of a reduced sentence, or a misrepresentation by the trial judge as to the sentence to be imposed, invalidates a plea of guilty." People v. Washington, 38 Ill.2d 446, 449-50, 232 N.E.2d 738, 740 (1967).

At the October 1999 guilty-plea hearing, the trial court outlined the terms of defendant's plea agreement. In particular, the court informed defendant that there would not be "any fine," but further stated that the court could impose certain fees and court costs. The court also explained, in pertinent part, what the potential penalties would be, if not for the plea agreement:

"THE COURT: Each of these [aggravated-criminal-sexual-assault counts] is what's called a[C]lass X felony. Now, the penalty for each [C]lass X felony is as follows: The minimum term is a penitentiary term in the Illinois Department of Corrections [(DOC)] of six years, and the maximum is a 30[-]year DOC...

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  • People v. Vincent, 101477.
    • United States
    • Supreme Court of Illinois
    • June 7, 2007
    ......See, e.g., People v. Ryburn, 362 Ill.App.3d 870, 876, 299 Ill.Dec. 281, 841 N.E.2d 1013 (2005). Still others prohibit the practice entirely, reasoning that a petitioner must be ......
  • People v. Addison, 1-03-0507.
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    ......Ryburn, 362 Ill.App.3d 870, 877, 299 Ill.Dec. 281, 841 N.E.2d 1013 (2005)), the Third and Second Districts have held that a trial court commits reversible ......
  • People v. Sturgess, 1-04-2191.
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    ......See People v. Ryburn, 362 Ill.App.3d 870, 299 Ill.Dec. 281, 841 N.E.2d 1013 (2005). If anything, the circuit court's decision to allow defendant to satisfy the $2,500 ......
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