People v. Tripp

• Decision Date: 02 August 1993
• Docket Number: No. 5-92-0550,5-92-0550
• Citation: 618 N.E.2d 1157,248 Ill.App.3d 706
• Parties: , 188 Ill.Dec. 587 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Stephen Paul TRIPP, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 1157

618 N.E.2d 1157

248 Ill.App.3d 706, 188 Ill.Dec. 587

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Stephen Paul TRIPP, Defendant-Appellant.

No. 5-92-0550.

Appellate Court of Illinois,

Fifth District.

Aug. 2, 1993.

Bruce D. Stewart, Stewart, Lambert & Beggs, Harrisburg, for defendant-appellant.

Terry M. Green, State's Atty., Benton, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice RARICK delivered the opinion of the court:

On November 28, 1988, defendant, Stephen Paul Tripp, pleaded guilty to two counts of theft and four counts of murder in the deaths of two different victims. Defendant was subsequently sentenced to natural life imprisonment. Three years later, defendant filed a post-conviction petition alleging his pleas were involuntarily entered because he was never properly admonished that the minimum sentence for multiple murders was mandatory life imprisonment. Following an evidentiary hearing, defendant's petition for post-conviction relief was denied. Defendant appeals and raises two issues for review: (1) whether the trial court erred in denying the petition for post-conviction relief because defendant was denied due process of law by the trial court's failure to advise him, prior to acceptance of his guilty pleas, that the minimum sentence for multiple murders was natural life imprisonment and (2) whether the trial court erred in denying defendant's petition for post-conviction relief because defendant was denied effective assistance of counsel by his attorney's failure to advise him, prior to the entry of his guilty pleas, that the minimum sentence for multiple murders was natural life imprisonment. We reverse the trial court's order denying post-conviction relief; we vacate defendant's murder convictions and we remand to the circuit court with directions that defendant be allowed to plead anew.

On October 26, 1986, the bodies of Rick Stroud and George Brunton were discovered at Brunton's farm in Franklin County, Illinois. Both victims had been beaten, shot, and robbed. Eighteen months later, defendant was apprehended in New Mexico; he confessed to the crimes and was returned to Illinois. Originally, defendant pleaded not guilty to the double murder, but he entered a change of plea on November 28, 1988.

At the plea hearing, the court was informed that in exchange for defendant's pleas of guilty to all six charges, the State had agreed to waive the death penalty. Defendant was informed of the nature of the charges against him. He was further admonished that he had a right to remain silent, that he had a right to persist in his not-guilty plea, and that if he pleaded guilty he was waiving his right to a jury trial and the right to confront the witnesses against him. (134 Ill.2d R. 402(a)(1), (3), (4).) With respect to the minimum and maximum sentence which could be imposed, the trial court advised defendant that he could be sentenced to a determinate term of 20 to 40 years' imprisonment or an extended term of 40 to 80 years' imprisonment and that the maximum possible sentence was natural life imprisonment. (134 Ill.2d R. 402(a)(2).) Defendant acknowledged that he understood the possible range of sentences recited by the court. The court accepted defendant's pleas, entered judgment on the verdicts, ordered a presentence investigation report, and set the cause for sentencing six weeks hence. The parties do not now dispute that the court's admonishment on the range of penalties was erroneous as section 5-8-1 of the Unified Code of Corrections mandates a minimum sentence of natural life imprisonment for multiple murders. Ill.Rev.Stat.1987, ch. 38, par. 1005-8-1(a)(1)(c).

The parties appeared at sentencing prepared to put on evidence in aggravation and mitigation. Apparently, by this time, the trial judge discovered that the statute provided a mandatory term of natural life imprisonment. The sentencing transcript is three pages long and provides in pertinent part:

"THE COURT: Okay, I would point out to those present here that in this particular case the statute provides that a person found guilty of murdering more than one victim shall be sentenced to a term of natural life imprisonment. That factor has been discussed with the defendant and he has indicated through his attorney that the Court should go ahead and impose that sentence and that there would be no necessity to put on any factors in aggravation or mitigation in any kind of attempt to reduce the sentence down to one of a determinate sentence to the Department of Corrections. The Court, under that particular section, has no alternative but to impose a mandatory natural life term of imprisonment. So, with regard to Count I and Count IV of the Indictment, this Court will impose a term of natural life in prison. Counts II and III, the Judgments of conviction will be vacated. With regard to the offense of Theft, * * * Counts V and VI, the Court will impose a term of 5 years on each of those, to run concurrently. There is no provision, of course, for mandatory supervised release on a natural life sentence.

Now, Mr. Tripp, do you have any question at all about that sentence?

DEFENDANT: I guess not, Your Honor."

The court then informed defendant of his right to appeal and the necessity of filing a motion to withdraw his guilty pleas under Supreme Court Rule 604(d). (134 Ill.2d R. 604(d).) Defendant did not file a motion to withdraw his guilty pleas; no direct appeal was taken.

On January 9, 1992, defendant filed a petition for post-conviction relief alleging he was denied due process of law and effective assistance of counsel because neither the court nor his counsel advised him, prior to entry of his pleas, that the minimum possible sentence for murdering more than one person was natural life in prison. Defendant alleged these failures rendered his pleas involuntary. He requested that his convictions and sentence be vacated and that he be allowed to plead anew.

Defendant's petition for post-conviction relief proceeded to hearing on July 30, 1992. Defendant testified that he was never advised by his attorney or the court, prior to acceptance of his guilty plea, that the minimum sentence which must be imposed would be natural life imprisonment. Tripp further testified that it was his understanding at the time he pleaded guilty that he could possibly receive a sentence ranging from 20 to 80 years' imprisonment. His pleas were entered in reliance on such a possibility. He further testified that he would not have pleaded guilty had he known the minimum mandatory term was natural life imprisonment. Tripp also testified that on the date of the plea hearing, he was under the influence of prescription medication which affected his ability to understand the nature of the proceedings at that time. On cross-examination, defendant admitted that at the time his pleas were entered, the court advised him that the maximum possible penalty which could be imposed was natural life imprisonment. However, Tripp testified that the first time he was advised that natural life imprisonment was, in fact, the minimum penalty that could be imposed was on the date of sentencing.

Bernard Paul, defendant's attorney at the time of the plea and the sentencing hearing, was called as a witness for the State. Counsel testified that just prior to the sentencing hearing, the judge held an in-chambers conference with the two attorneys. Defendant was not present at the conference. At this meeting, the judge advised the attorneys that he had just discovered that defendant must be sentenced to natural life imprisonment. The judge told counsel that he should advise his client that he could persist in his pleas and be sentenced to natural life or he could withdraw his guilty pleas. Counsel testified that he then conducted a private conference with defendant and several of defendant's family members. Mr. Paul testified that he advised defendant that he could persist in his pleas and be sentenced to natural life or he could withdraw his guilty pleas, but if he did withdraw his guilty pleas the State would have the option of seeking the death penalty. Counsel was not sure whether he told defendant that he could move to withdraw his pleas that very day or whether he told defendant he could file such a motion within 30 days. Counsel stated that the private discussion with his client took between 30 to 45 minutes, and at the end of the discussion, defendant decided to persist in his pleas. Mr. Paul testified that he never advised his client to persist in the pleas in order to avoid the possibility of the death penalty. He left that decision up to defendant. Counsel further stated that although defendant was upset, he appeared coherent throughout the discussion, and counsel believed defendant fully understood the implications of persisting in his pleas. On cross-examination, counsel readily conceded that, at the time of the plea hearing, both attorneys and the judge were under the mistaken impression that defendant could be sentenced to a minimum term of 20 years' imprisonment.

At the post-conviction hearing, the judge stated that it was his recollection that, at the time of sentencing, he advised Mr. Paul to tell his client that he could either persist in his pleas and receive a natural life sentence or he would be allowed to withdraw the pleas. After the judge made his statement, Mr. Paul testified that this comported with his own recollection of what had occurred on the day of sentencing.

Defendant countered that the discussion with his attorney took only about five minutes. He admitted that his attorney advised him of the mandatory life term and that this information upset him. However, defendant testified that his attorney did not tell him that he could withdraw his guilty pleas that very day. Defendant...