Defendant is serving two consecutive six-year jail terms for unlawful possession of a controlled substance with intent to deliver it. Six months after the sentences were imposed, Defendant filed a motion to withdraw his guilty pleas, alleging that the pleas had been induced by erroneous advice from his defense counsel and therefore, the pleas were not voluntary and knowing. The court denied the postplea motions as untimely because it was filed more than 30 days after he entered his guilty plea and was sentenced. Furthermore, the Defendant filed a petition for postconviction relief due to ineffective assistance by failing to challenge the legality of the traffic stop. The court summarily dismissed the postconviction petition. During his appeal, the Defendant's counsel stated that the Defendant was not contesting the dismissal of the motions to withdraw the guilty pleas. The Appellate Court determined that the postconviction petition was frivolous and patently without merit because the traffic stop was not unduly prolonged when it took less than three minutes for a canine unit to arrive at the stop and search Defendant's car. (STEIGMANN and DeARMOND, concurring.)
Illinois Appellate Court
Criminal Court
Fourth Amendment