People v. Washington

• Citation: 2021 IL App (4th) 200196,195 N.E.3d 326,457 Ill.Dec. 412
• Decision Date: 22 October 2021
• Docket Number: 4-20-0196
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tory Rashad WASHINGTON, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

2021 IL App (4th) 200196
195 N.E.3d 326
457 Ill.Dec. 412

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Tory Rashad WASHINGTON, Defendant-Appellant.

NO. 4-20-0196

Appellate Court of Illinois, Fourth District.

Filed October 22, 2021
Rehearing Denied December 15, 2021

James E. Chadd, Catherine K. Hart, and Natalia Galica, of State Appellate Defender's Office, of Springfield, for appellant.

Don Knapp, State's Attorney, of Bloomington (Patrick Delfino, David J. Robinson, and Linda Susan McClain, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE STEIGMANN delivered the judgment of the court, with opinion.

195 N.E.3d 328

457 Ill.Dec. 414

¶ 1 In July 2014, the State charged defendant, Tory Rashad Washington, with two counts of murder pursuant to section 9-1(a)(1) of the Criminal Code of 2012 (Criminal Code) ( 720 ILCS 5/9-1(a)(1) (West 2012)) and two counts of murder pursuant to section 9-1(a)(2) of the Criminal Code (id. § 9-1(a)(2) ). The charges alleged that in June 2014, defendant beat a man named Ronald Smith to death. Defendant was 19 years old at the time of the murder.

¶ 2 In September 2015, defendant pleaded guilty pursuant to a plea agreement with the State. The State agreed that if defendant testified against his codefendants and pleaded guilty to count II (id. ), the State would (1) dismiss the remaining three counts, (2) recommend a sentencing cap of 35 years in prison instead of the 60 years authorized by statute, and (3) not pursue an enhanced prison term of natural life based upon a finding that the murder was committed in a brutal and heinous manner indicative of wanton cruelty.

¶ 3 In April 2016, the trial court conducted defendant's sentencing hearing and sentenced him to 32 years in prison. Defendant filed a motion to withdraw his guilty plea and a motion to reconsider his sentence. At a subsequent hearing, however, defendant moved to withdraw both motions. The court explained to defendant that withdrawing the motions would preclude him from appealing the case, but he persisted in his wish to withdraw the motions. Defendant did not file a direct appeal.

¶ 4 In December 2019, defendant filed pro se a petition pursuant to the Post-Conviction Hearing Act (Post-Conviction Act) ( 725 ILCS 5/122-1 et seq. (West 2018)) in which he argued that (1) the truth-in-sentencing statute—section 3-6-3(a)(2)(i) of the Unified Code of Corrections ( 730 ILCS 5/3-6-3(a)(2)(i) (West 2014))—was unconstitutional as applied to persons under the age of 21 at the time of the commission of the offense, including defendant; (2) his guilty plea was involuntary because "he would not have pled guilty if he had understood the implications of the eighth amendment"; and (3) the trial court did not properly consider his youth and attendant circumstances during sentencing.

¶ 5 In January 2020, the trial court summarily dismissed the petition as frivolous and patently without merit.

¶ 6 Defendant appeals, arguing that the trial court erred when it dismissed defendant's petition because (1) his guilty plea was involuntary "in light of recent changes in the jurisprudence surrounding emerging adults, like [defendant]"; (2) the truth-in-sentencing statute, as applied to defendant, violated the proportionate penalties clause of the Illinois Constitution; and (3) defendant made an arguable claim that his guilty plea was involuntary because (a) it was secured by the threat of an unconstitutional natural life sentence and (b) his sentence grants no meaningful opportunity for release. Defendant also argues that the

195 N.E.3d 329

457 Ill.Dec. 415

trial court erred because it relied on an unpublished order to dismiss defendant's petition. We affirm.

¶ 7 I. BACKGROUND

¶ 8 A. The Charges

¶ 9 In July 2014, the State charged defendant with two counts of murder pursuant to section 9-1(a)(1) of the Criminal Code ( 720 ILCS 5/9-1(a)(1) (West 2012)) and two counts of murder pursuant to section 9-1(a)(2) of the Criminal Code (id. § 9-1(a)(2) ). The charges alleged that in June 2014, defendant, along with two others, beat Smith to death.

¶ 10 B. The Guilty Plea Hearing

¶ 11 In September 2015, the trial court conducted defendant's guilty plea hearing. The court explained to defendant that if convicted, he would (1) receive a sentence between 20 and 60 years in prison and (2) not be eligible for day-for-day credit under the truth-in-sentencing statute.

¶ 12 The trial court then discussed the terms of defendant's plea agreement with the State. The State agreed that if defendant testified against his codefendants and pleaded guilty to count II (id. ), the State would (1) dismiss the remaining three counts, along with charges in three other felony cases pending against defendant in McLean County; (2) recommend a sentencing cap of 35 years in prison instead of the 60 years authorized by statute; and (3) not pursue an enhanced prison term of natural life based upon a finding that the murder was committed in a brutal and heinous manner indicative of wanton cruelty.

¶ 13 After the trial court read the terms of the agreement regarding the "wanton cruelty" sentencing enhancement, the court asked the parties what they believed would happen if the enhancement was pursued. The State responded, "I believe it's mandatory natural life [in prison]." Defendant's counsel agreed. The court then told defendant that if the State proved at trial that the murder was committed in a brutal and heinous manner indicative of wanton cruelty, "You would have to serve the rest of your life."

¶ 14 The State read the factual basis for the crime, stating as follows:

"That on June 2nd of 2014, Ronald Smith was transported to BroMenn hospital from the area of O'Neil Park and Sheridan School in Bloomington. He was taken there due to a severe beating that he had received at that location. About a month later, Ronald Smith passed away due to the injuries, and that was confirmed by an autopsy that was conducted in the McLean County coroner's office where the results in that autopsy was that Ronald Smith died as a result of the beating that he suffered on June 2nd of 2014.

After being transported to the hospital on June 2nd, 2014, an investigation began. Numerous witnesses that were in and about the area of O'Neil Park on the day in question were interviewed. Several of those that were interviewed were eyewitnesses that indicated that the individuals that beat Ronald Smith included three people, which [sic ] were Willie Chambers,

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