Perez-Gonzalez v. Lashbrook

Dist. Ct. did not err in denying defendant’s habeas petition challenging his contempt of court conviction and additional 10-year sentence arising out of defendant’s failure to abide by prior guilty plea agreement on murder charge calling for defendant to testify truthfully in any subsequent prosecution of co-defendants in exchange for 35-year sentence, where defendant subsequently refused to testify against one of his co-defendants. While defendant argued that state had breached plea agreement by seeking contempt proceedings since original 35-year sentence in plea agreement was exclusive repercussion for refusing to testify (since defendant had potential under plea agreement for reduction of his sentence if he testified), state never promised immunity from contempt proceedings or implied any such promise in plea agreement. As such, because agreement was silent as to whether imposition of original sentence was sole consequence for defendant’s failure to testify, Illinois Appellate Court’s conclusion that state did not breach plea agreement was neither unreasonable nor implausible.