Latest Case: People v. Sophanavong (Criminal Law)

Democracy Is on the Ballot: One Party Defends It, The Other Would Let It Die

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—explains why the 2020 Democratic National Convention was unlike any other political gathering in American history for reasons beyond its virtual platform. Sarat argues that the future of American democracy lies in the balance, and when we vote in November, it will be up to us whether democracy lives or dies.

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People v. Sophanavong

Citation: 2020 IL 124337

Opinion Date: August 20, 2020

Judge: Rita B. Garman

Areas of Law: Criminal Law

In 2013, the defendant was indicted on three counts of first-degree murder and single counts of aggravated kidnapping and violating an order of protection. The defendant pled guilty to one count of first-degree murder; the prosecution agreed to dismiss the remaining charges and to recommend a sentence of 55 years' imprisonment. Defense counsel noted that the terms were “effectively a life sentence” and that, against counsel’s advice, the defendant chose to “take it.” The court accepted the prosecution's factual basis for the plea and inquired about criminal history. The defendant had previously been convicted of manufacture or delivery of cannabis, a Class 1 felony. The parties waived a presentence investigation (PSI) report. The court imposed a 55-year sentence. The defendant filed a timely motion to withdraw his plea, claiming he had not been “in a coherent state of mind” and ineffective assistance. The appellate court vacated his sentence, citing failure to comply with 730 ILCS 5/5-3-1, which requires a circuit court to consider a PSI before sentencing a defendant for a felony offense, except where “both parties agree to the imposition of a specific sentence, provided there is a finding made for the record as to the defendant’s history of delinquency or criminality.” The court held that the PSI requirement cannot be waived. The Illinois Supreme Court reversed, reinstating the sentence. The defendant forfeited any section 5-3-1 claim by failing to raise it in his three motions to withdraw the plea. Despite his attorney’s stated willingness to take the case to trial, he persisted in taking the plea deal.