People v. Donelson

Defendant was indicted for a 1998 murder, home invasion, residential burglary and two separate charges of aggravated criminal sexual assault. A conviction for sexual assault triggers mandatory consecutive sentences. The parties negotiated a plea agreement. The burglary charge was dropped, and the defendant agreed to plead guilty to murder, home invasion and one aggravated criminal sexual assault. The court imposed concurrent terms of 55 years for murder and 30 years for each other offense. An attempt to withdraw his plea resulted in reduction of the murder sentence to 50 years. In 2005, defendant filed an unsuccessful post-conviction petition and, in 2009, filed an unsuccessful petition for relief from judgment. The appellate court agreed that the concurrent sentencing structure was void, but not that the agreement was void, because the parties’ intent that 50 years be spent in prison could be implemented by resentencing in accordance with both that agreement and applicable statutes. The supreme court affirmed, holding that both parties were mistaken in thinking that the defendant could be sentenced to concurrent terms. The mutual mistake may be rectified by contract reformation because they were in actual agreement and their true intent may be discerned. The defendant would receive the benefit of his bargain for a total of 50 years in prison if consecutive sentences for a total of 50 years are imposed. View "People v. Donelson" on Justia Law