People v. Glover

Order filed July 12, 2017 2017 IL App (4th) 160586 Opinion Modified upon denial of NO. 4-16-0586 rehearing September 27, 2017 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from Plaintiff-Appellee, ) Circuit Court of v. ) Champaign County MICHAEL A. GLOVER, ) No. 12CF1913 Defendant-Appellant. ) ) Honorable ) Thomas J. Difanis, ) Judge Presiding. JUSTICE HOLDER WHITE delivered the judgment of the court, with opinion. Justices Harris and Steigmann concurred in the judgment and opinion. OPINION ¶1 In November 2012, the State charged defendant, Michael A. Glover, with nine felony offenses allegedly committed while he was released on bond from Coles County. In December 2013, defendant pleaded guilty to one count of unlawful possession of a stolen vehicle, a Class 2 felony (625 ILCS 5/4-103(a)(1), (b) (West 2010)). In January 2014, defendant filed a motion to withdraw his guilty plea. After this court twice remanded the cause for strict compliance with Illinois Supreme Court Rule 604(d) (eff. Mar. 8, 2016), newly appointed counsel filed another motion to withdraw defendant’s guilty plea. In August 2016, the trial court denied the motion to withdraw the guilty plea. ¶2 Defendant appeals, arguing (1) this court should allow him to withdraw his guilty plea because (a) his erroneous belief that he faced 60 years’ imprisonment was objectively reasonable and (b) trial counsel erroneously advised him that he faced 60 years’ imprisonment, thereby rendering ineffective assistance of counsel and precluding a knowing and voluntary plea; and (2) the circuit clerk improperly imposed numerous fines. ¶3 We affirmed in part and vacated in part. On August 2, 2017, defendant filed a petition for rehearing pursuant to Illinois Supreme Court Rule 367 (eff. July 1, 2017), asking this court to reconsider in light of Lee v. United States, 582 U.S. ___, 137 S. Ct. 1958 (2017), which was issued after the completion of briefing in this case. We now modify our decision upon denial of defendant’s petition for rehearing to address Lee. For the reasons set forth below, we affirm in part and vacate in part. ¶4 I. BACKGROUND ¶5 In November 2012, the State charged defendant with the following felony offenses allegedly committed while out on bond from Coles County: (1) home invasion with injury intentionally caused to Sara Stephenson (count I) and Steve Martin (count II), Class X felonies (720 ILCS 5/12-11(a)(2), (c) (West 2010)); (2) criminal damage to property, a Class 4 felony (720 ILCS 5/21-1(1)(a), (2) (West 2010)) (count III); stalking where he knew or should have known his course of conduct would cause a reasonable person to fear for his or her safety, a Class 4 felony (720 ILCS 5/12-7.3(a), (b) (West 2010)) (count IV); (3) stalking where on at least two occasions he followed or placed Stephenson under surveillance and transmitted a threat of bodily harm, Class 4 felonies (720 ILCS 5/12-7.3(a-3), (b) (West 2010)) (counts V and VI); (4) aggravated stalking where he knew or should have known his ...

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