Is Relief from Sentences Imposed Pursuant to a Negotiated Guilty Plea Available to a Postconviction Petitioner ?
In People v. Leach, 284 Ill. App. 3d 4, 672 N.E.2d 835, 220 Ill. Dec. 18 (1996), the pro se postconviction petitioner sought sentencing relief from sentences imposed pursuant to a negotiated guilty plea.
The trial court dismissed the petition. Leach appealed, arguing that his appointed counsel was ineffective for failing to comply with Rule 651(c).
The appellate court affirmed the dismissal, noting that Leach had not requested the court to withdraw his plea and vacate judgment, nor had he shown that granting such relief was necessary to correct a manifest injustice. Leach, 284 Ill. App. 3d 4, 672 N.E.2d 835, 220 Ill. Dec. 18.
The court further held that, where only sentencing relief is sought by a pro se postconviction petitioner, and such relief is unavailable because the petitioner has not sought to withdraw a guilty plea and vacate judgment, appointed counsel is not required to comply with Rule 651(c). Leach, 284 Ill. App. 3d 4, 672 N.E.2d 835, 220 Ill. Dec. 18.