People v. Robinson

974 N.E.2d 978 (2012)

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Nature of the Case

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Facts

In February 2007, D was traveling on Interstate 55 in a vehicle driven by his cousin. Officer Brandon Smick initiated a traffic stop after observing the vehicle speeding and swerving. During the stop, Smick discovered an outstanding warrant for D's arrest. Shortly thereafter, a canine unit arrived to assist Smick. After walking around the vehicle, the canine indicated that narcotics were present. While searching the vehicle, the officers discovered 249.9 grams of cocaine and 2.6 grams of cannabis. P charged D with unlawful possession of a controlled substance and unlawful possession of a controlled substance with intent to deliver. P also charged D with unlawful possession of cannabis. At a March 2007 status hearing, attorney Dodds explained to the trial court that P had 'extended an offer' and that he required a continuance in order to discuss that offer with D. At the July 23, 2007, status hearing, the trial court inquired into the status of the parties' ongoing guilty-plea negotiations. Prior to trial and in the presence of the court D rejected a plea deal with P. A jury found D guilty of all three charges, and the trial court later sentenced him to 12 years in prison. D appealed, and the court affirmed. In August 2009, D, pro se, filed a petition under the Post-Conviction Hearing Act claiming he was denied his constitutional right to the effective assistance of counsel when his attorney, Terry Dodds, failed to communicate to P D's desire to accept P's guilty-plea offer. D attached to his petition an affidavit, which contained the following assertions. Dodds informed him about the State's eight-year offer on May 30, 2007. Sometime after Dodds told him about the offer, D asked Dodds to 'see if [he] could get it down to [seven] years, and if not, then, [he would] take the [eight] years.' Dodds responded as follows: 'I [am] not going back to ask for [seven] years.' As a result, D and Dodds began arguing and D was 'sent away.' The trial court granted P's motion to dismiss. D appealed.