Supreme Court Summaries
Opinions filed February 7, 2008
No. 104300 People v. Manning
Appellate citation: 371 Ill. App. 3d 457.
JUSTICE GARMAN delivered the judgment of the court, with opinion.
Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Karmeier, and Burke concurred in the judgment and opinion.
In 2003, a woman returning to her Wheaton home surprised this defendant while he was in the process of removing numerous items. He was prosecuted in the circuit court of Du Page County for residential burglary, and, because of his extensive criminal history, was subject to Class X sentencing of up to 30 years. He also had a history of mental health and addiction issues. The State offered to recommend a 20-year sentence in return for a guilty plea, but the defendant rejected this and, hoping for a term of 8-to-15 years, entered an open plea of guilty. The State then requested 24 years, and the court imposed 22, with a recommendation for drug treatment and psychiatric and psychological services while in prison.
Manning then asked the circuit court for permission to withdraw his guilty plea because, he alleged, his trial attorney had been ineffective in failing to advise him about the possibility of pleading guilty but mentally ill. The trial court denied this motion, finding that the plea was knowing and voluntary, and the appellate court affirmed.
In this decision, the Illinois Supreme Court upheld the results below because the defendant could not show prejudice. A plea of guilty but mentally ill would not have affected the available sentencing range. Also, such a plea would not have made available to the defendant more mental-health services than those to which the defendant would already be entitled, especially after the sentencing judge had recommended substance-abuse services and mental-health treatment.