People v. Borello

State: Illinois

Court: 4th District Appellate

Docket No: 4-08-0504 Rel

Case Date: 04/28/2009

Preview:NO. 4-08-0504 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RONALD T. BORELLO, Defendant-Appellant.

Filed:

4-28-09

) Appeal from ) Circuit Court of ) McLean County ) No. 96CF427 ) ) Honorable ) Scott Drazewski, ) Judge Presiding. _________________________________________________________________ JUSTICE MYERSCOUGH delivered the opinion of the court: In June 1996, defendant, Ronald T. Borello, entered into a fully negotiated plea of guilty to four counts of predatory criminal sexual assault of a child. 1) (West 1996). 720 ILCS 5/12-14.1(a)(-

In exchange therefor, defendant agreed to

consecutive sentences of six years in the Illinois Department of Corrections (DOC) on each of the four charges for a total of 24 years in DOC to be served at 85% pursuant to the truth-in-sentencing statute. 730 ILCS 5/3-6-3(a)(2)(ii) (West 1996).

Defendant also received 105 days of sentence credit for time served. Defendant did not file a direct appeal. In September In June

2007, defendant filed a pro se postconviction petition. 2008, the trial court dismissed the petition. We affirm. I. BACKGROUND

Defendant appeals.

In June 1996, defendant was charged with four counts of

predatory criminal sexual assault of a child. 14.1(a)(1) (West 1996). old stepdaughter.

720 ILCS 5/12-

The victim was defendant's eight-year-

When interviewed by the police, defendant

admitted having sexually abused the child on at least five other occasions over the previous year. In June 1996, defendant and

the State entered into a written plea agreement whereby defendant agreed to plead guilty to all four counts and the court would impose an agreed sentence of six years in DOC on each count to be served consecutively, for a total of 24 years in DOC. The State

agreed not to file additional charges against defendant for the previous incidents of sexual abuse against the same victim. Defendant understood that, pursuant to the truth-in-sentencing statute (730 ILCS 5/3-6-3(a)(2)(ii) (West 1996)), he would serve 85% of his sentence for a minimum of 20 years and 4 months in DOC. Defendant was given 105 days of sentence credit for time At no time did the trial court admonish defendant about

served.

the three years he would be required to serve on mandatory supervised release (MSR) upon his release from DOC. any of the sentencing documents mention MSR. file any postplea motions or a direct appeal. In 1999, the Illinois Supreme Court found Public Act 89-404 (Pub. Act 89-404, eff. August 20, 1995 (1995 Ill. Laws 4306)), which limited the amount of good-conduct credit for certain offenses, unconstitutional because it violated the - 2 Neither did

Nor did defendant

single-subject clause of the Illinois Constitution (Ill. Const. 1970, art. IV,

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