Court of Appeals of Illinois, First District, First Division
Appeal from the Circuit Court of Cook County. Nos. 94 CR 25257, 94 CR 25258, 94 CR 25259, 94 CR 25260, 94 CR 25261, 94 CR 28843, 94 CR 28844, 94 CR 29080 . Honorable Thomas V. Gainer, Jr., Judge Presiding.
The dismissal of defendant's pro se motion for relief under the Post-Conviction Hearing Act was affirmed, regardless of his contention that Padilla v. Kentucky, a decision of the United States Supreme Court, required a plea court to admonish defendant of the requirement of registering as a sex offender upon a mandatory supervised release term, since defendant, on appeal, failed to make a substantial showing of a constitutional violation.
For APPELLANT: Michael J. Pelletier, State Appellate Defender, Office of the State Appellate Defender, Chicago, IL (Alan D. Goldberg and Robert Hirschhorn, of counsel).
For APPELLEE: Anita Alvarez, State's Attorney County of Cook, Chicago, IL (Alan J. Spellberg, Tasha-Marie Kelly and Gina DiVito, of counsel).
JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Delort and Justice Cunningham concurred in the judgment and opinion.
[¶1] Defendant Robert Cowart appeals from an order of the circuit court of Cook County granting the State's motion to dismiss his pro se petition for relief under the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-1 (West 2010)). On appeal, defendant contends that the reasoning used by the United States Supreme Court in Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and by the Illinois Supreme Court in People v. Hughes, 2012 IL 112817, 983 N.E.2d 439, 368 Ill.Dec. 26, required the plea court to admonish him of the requirement that he register as a sex offender. He asks this court to remand his case for an evidentiary hearing under the Act. We affirm.
[¶2] In late 1994, defendant was indicted with multiple crimes stemming from separate residential break-ins. Defendant was charged with sexually assaulting or attempting to sexually assault at least one woman at each of the break-ins. His indictments also included multiple charges of home invasion, armed robbery, aggravated battery, and residential burglary. Defendant initially pleaded not guilty to all charges. In January 1996, both the State and defendant answered ready for trial on charges relating to one of the residential break-ins. Before a jury was selected, defense counsel indicated that defendant wished to change his plea. After brief negotiations between the State and defense counsel, the parties reached an agreement. Defendant pleaded guilty on each of the eight cases and received concurrent sentences as follows:
o No. 94 CR 25257--two counts of home invasion and two counts of aggravated criminal sexual assault with a 65-year sentence;
o No. 94 CR 25258--one count of home invasion and one count of aggravated criminal sexual assault with a 60-year sentence;
o No. 94 CR 25259--one count of home invasion and one count of aggravated criminal sexual assault ...