Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Roberson

Court of Appeals of Illinois, First District, Second Division

June 25, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
WILLIE ROBERSON, Defendant-Appellant.

          Appeal from the Circuit Court of Cook County. No. 09 CR 1112 The Honorable Ursula Walowski, Judge Presiding.

          PRESIDING JUSTICE LAVIN delivered the judgment of the court, with opinion. Justices Pucinski and Hyman concurred in the judgment and opinion.

          OPINION

          LAVIN, PRESIDING JUSTICE.

         ¶ 1 Defendant Willie Roberson appeals from the circuit court's sua sponte dismissal of his pro se petition for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2016)). Defendant contends that the circuit court prematurely dismissed his section 2-1401 petition within 30 days after the petition was filed and the State received notice. We affirm.

         ¶ 2 BACKGROUND

         ¶ 3 Defendant was charged by information with one count of armed habitual criminal (720 ILCS 5/24-1.7(a) (West 2008)) and two counts of unlawful use of a weapon by a felon (720 ILCS 5/24-1.1(a) (West 2008)), arising from an incident in Chicago on December 12, 2008.

         ¶ 4 Because defendant's appeal concerns the timeliness of the dismissal of his section 2-1401 petition, we provide only an overview of the facts adduced during trial. Chicago police officer Martin Murphy testified that on December 12, 2008, at about 7:26 p.m., he and a group of approximately 16 officers executed a search warrant on an apartment at the 1300 block of West 92nd Street. Defendant and four other occupants in the apartment were detained, and Murphy found a loaded handgun between two mattresses in defendant's bedroom.

         ¶ 5 Chicago police officer Mohammad testified that he helped execute the search warrant, and later processed defendant in a police station interview room while Officer Kasper was present.[1] After Kasper Mirandized defendant, defendant stated that he bought the recovered gun "from a dude for $25." Kasper testified that in defendant's apartment, defendant told him he had a gun under his mattress. The State entered into evidence defendant's certified convictions from two previous cases.

         ¶ 6 The trial court found defendant guilty of one count of armed habitual criminal and two counts of unlawful use of a weapon by a felon, merged the counts, and sentenced him to 20 years' imprisonment for armed habitual criminal.[2]

         ¶ 7 On direct appeal, defendant argued that his trial counsel was ineffective for failing "to file a pretrial motion for a Franks hearing to challenge the veracity of the allegations in the complaint for the search warrant." People v. Roberson, 2013 IL App (1st) 102023-U, ¶ 2. Defendant also argued trial counsel was ineffective for not moving to suppress his statements to the police that his gun was under his mattress. Id. ¶¶ 2, 30. We affirmed. Id. ¶ 1.

         ¶ 8 Defendant filed a pro se postconviction petition, dated July 17, 2010, arguing, inter alia, that he gave a "coerced confession," that he was not properly Mirandized, and that his sentence constituted an abuse of discretion. In an order dated October 29, 2010, the circuit court summarily dismissed defendant's postconviction petition as "frivolous and patently without merit."

         ¶ 9 Subsequently, defendant filed a pro se section 2-1401 petition, arguing, inter alia, that he was not properly Mirandized and his sentence lacked statutory authority. A "Proof/Certificate of Service," which was signed by defendant and notarized on December 7, 2016, states that copies of the petition were sent to the Clerk of the Circuit Court of Cook County (Clerk) and the State's Attorney at 2650 South California Avenue in Chicago. The certificate states:

"PLEASE TAKE NOTICE that on December 7, 2016, I placed the attached or enclosed documents in the institutional mail at Dixon Correctional Center, properly addressed to the parties listed above for mailing through the United States Postal Service."

         ¶ 10 The record contains multiple copies of the petition. One copy has a crossed-out file stamp dated December 20, 2016, and another file stamp dated January 3, 2016, with the year "2016" corrected to "2017" by hand. A cover sheet appended to this copy, filed stamped on "January 3, 2016," states that the petition was "received in the Criminal Division in error" and forwarded to "Bridgeview-District 5."[3] A different copy of the petition was stamped "filed" on January 4, 2017. In a proceeding in Bridgeview on January 27, 2017, in the presence of an assistant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.