People v. Manning
| Decision Date | 07 February 2008 |
| Docket Number | No. 104300.,104300. |
| Citation | 227 Ill.2d 403,883 N.E.2d 492 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. Patrick L. MANNING, Appellant. |
| Court | Illinois Supreme Court |
Thomas A. Lilien, Deputy Defender, Patrick Carmody, Assistant Defender, Office of the State Appellate Defender, Elgin, Phyllis J. Perko, of the Law Offices of Harlovic & Perko, West Dundee, for appellant.
Lisa Madigan, Attorney General, Springfield, Joseph E. Birkett, State's Attorney, Wheaton (Michael A. Scodro, Solicitor General, Michael M. Glick, Katherine D. Saunders, Assistant Attorneys General, Chicago, of counsel), for the People.
Defendant, Patrick Manning, entered an open plea to the charge of residential burglary on April 19, 2004. Because of defendant's extensive criminal history, he was subject to Class X sentencing of up to 30 years in prison. 730 ILCS 5/5-5-3(c)(8) (West 2002). The circuit court of Du Page County imposed a sentence of 22 years.
Following sentencing, defendant filed motions to withdraw his guilty plea and reconsider his sentence. Relevant before this court is defendant's allegation in his motion to withdraw his plea that the plea was not knowing and voluntary because he was denied effective assistance of counsel. Defendant asserts that counsel was ineffective for failing to advise him on the possibility of pleading guilty but mentally ill (GBMI) pursuant to section 113-4(d) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-4(d) (West 2002)), despite defense counsel's awareness of defendant's pronounced history of mental-health and addiction issues. The circuit court denied defendant's motion to withdraw his guilty plea and the appellate court affirmed. 371 Ill.App.3d 457, 309 Ill.Dec. 59, 863 N.E.2d 289. For the reasons that follow, we affirm the judgment of the appellate court.
Defendant states that he is a man with a troubled past. According to the pre-plea report, defendant was adopted when he was 18 months old. His adoptive parents were both physically and emotionally abusive. Presumably as a result of this abuse, defendant was placed in a number of foster homes. At the age of 12, defendant began abusing alcohol. That same year, defendant was introduced to marijuana. At the age of 14, defendant's adoptive parents kicked him out of their home because he was learning disabled and because they were unable to control him. In 1987, at the age of 17, defendant was adjudicated delinquent after being arrested for theft under $300 and burglary. Also in 1987, defendant attempted suicide for the first time and began using heroin. In 1988, defendant tried crack cocaine for the first time. In 1989, defendant was convicted of residential burglary and sentenced to 4 years' probation and 60 days' periodic imprisonment. In 1990, defendant was sentenced to four years in the Department of Corrections (Department) for an attempted armed robbery. In June of 1992, defendant began a period of mandatory supervised release. In October of 1992, defendant was arrested for theft. In December of 1992, he was arrested for unlawful use of a weapon by a felon. For these offenses, defendant was convicted and sentenced to a concurrent term of two years in the Department. In 1994 defendant was sentenced to four years' imprisonment after being convicted of three separate counts of burglary. In 1996, defendant was convicted of attempted possession of a controlled substance and was sentenced to 21 days in jail. In 1997, defendant was convicted of theft and driving while license suspended (60 days in jail, a year of conditional discharge, and $100 in restitution); battery and resisting a peace officer (20 days in jail); and three separate counts of residential burglary for which defendant received 12 years' imprisonment in the Department. In June 2003, defendant began a period of supervised release. Defendant's projected discharge date from supervised release was June of 2005.
After being released in June, defendant moved in with his fiancée. Following an argument with his fiancée at the end of July, defendant attempted suicide, by slashing his wrists deeply enough to require multiple sutures. Defendant was hospitalized briefly, but ultimately signed himself out of the hospital against his doctor's advice. Around this time, defendant also resumed his abuse of drugs and alcohol, which had been in remission while defendant was incarcerated. Defendant states that he began substituting heroin for alcohol because his fiancée did not like his drinking. Defendant stated that when he started, he spent approximately $10 per day on heroin. However, by the time of his arrest, his habit had increased to $80 per day.
In October of 2003, defendant attempted to seek treatment for his substance abuse issues. He and his fiancée went to Central DuPage Hospital and filled out paperwork for defendant to receive treatment. However, defendant claims he was not accepted as a patient because he did not have insurance to pay for the treatment.
On November 14, 2003, just six months after his supervised release began, defendant lapsed back into his previous criminal behavior. On that date, just before 11 a.m., Carla Page returned to her home in Wheaton, Illinois, to find defendant, who was a stranger to her, standing in her kitchen. She screamed, ran from her home, and called the police. Page witnessed defendant climb into his fiancée's green Dodge van and drive away. Page relayed this information to the police, as well as the van's license plate number.
Wheaton police officers, responding to Page's call, located the van being driven a short distance from the crime scene. Officers in two fully marked squad cars verified that the license plate number given by Page matched the license of the van that they were following and attempted to perform a traffic stop. Defendant initially complied with the officers and pulled the van to the side of the road. However, after the officers exited their vehicles and began to approach defendant, he drove away. The officers chased defendant for a little over four miles as he wove through traffic at speeds reaching 70 miles per hour. Defendant then abandoned the vehicle on a residential lawn and attempted to abscond on foot. Officers continued their pursuit and defendant surrendered approximately one block from where he abandoned the van.
Police searched the van and in doing so located a number of items that had been taken from Page's home. Additional items of jewelry were later found in the rear of the squad car that was used to transport defendant from the scene of his arrest to the jail. Page identified the items found in both the van and the squad car as items taken from her home. Defendant was charged with residential burglary, fleeing and eluding, resisting a peace officer, and theft.
While in jail and awaiting further action in his case, defendant was examined by Dr. Corcoran and prescribed Sinequan and Prozac to address his mental-health issues. Defendant was also, upon court order, seen and evaluated by Dr. Murray, a licensed psychologist. Dr. Murray's report reiterates the preceding facts and stresses that defendant "presents a significant risk for suicide attempt, should his situation change, such as after his sentence." In terms of a formal diagnosis, Dr. Murray noted that defendant meets the criteria for "Major Depressive Disorder, Recurrent; Polysubstance Dependance including Heroin, Cocaine and Alcohol [sic] in Remission in a Controlled Environment; * * * and Antisocial Personality Disorder." In concluding, Dr. Murray noted that defendant presented a continued risk of a suicide attempt and that "[defendant] will require continued psychiatric and psychological services certainly to include antidepressant medications." Dr. Murray stated that defendant would benefit from a drug dependance treatment plan and that this plan must "accommodate [defendant's] Depressive Disorder, need for medication, and criminal thinking."
Attorney Holman was appointed as defendant's public defender and assisted defendant in applying for drug court. On February 3, 2004, the court denied defendant's application for drug court. The court specifically found that defendant was ineligible for drug court because he was subject to a parole hold and because of his prior convictions for violent crimes. On February 9, the court file stamped a letter from defendant asking that Holman be dismissed and outside counsel be appointed. Thereafter, attorney Zahrieh, who is also with the public defender's office, agreed to represent defendant.
Because of defendant's extensive criminal history, he was eligible for a Class X sentence of 6 to 30 years in prison. See 730 ILCS 5/5-5-3(c)(8) (West 2002). Through trial counsel, defendant was offered the opportunity to plead guilty in exchange for a recommendation by the State of 20 years in prison. Defendant rejected this offer. Instead, defendant entered an open plea hoping for a sentence between 8 and 15 years.1 The State requested that defendant receive a 24-year sentence. Trial counsel argued that defendant was a man in need of help and that a more reasonable sentence was appropriate so that he would have a more substantial opportunity to rehabilitate himself and receive the help he desired. Defendant himself spoke at length about his need for help and his belief that the system has failed him. Defendant incorporated the arguments that the State had made in requesting a 24-year sentence and acknowledged the truth of his criminal history, but explained to the court that he needed help and positive people in his life, and asked for the court's mercy. Defendant received a sentence of 22 years in prison.
In imposing the sentence, the trial court noted that this was a more serious case than that of retail theft or of possession of a controlled substance. This was a case of residential burglary where defendant...
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