People v. Manoharan

State: Illinois

Court: 4th District Appellate

Docket No: 4-08-0883 Rel

Case Date: 09/21/2009

Preview:Filed 9/21/09

NO. 4-08-0883 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RAMKUMAR MANOHARAN, Defendant-Appellant.

) Appeal from ) Circuit Court of ) McLean County ) No. 06CF503 ) ) Honorable ) Scott Drazewski, ) Judge Presiding. _________________________________________________________________ JUSTICE STEIGMANN delivered the opinion of the court: In December 2006, defendant, Ramkumar Manoharan, offered to plead guilty to two counts of delivering a controlled substance within 1,000 feet of a school (720 ILCS 570/407(b)(2) (West 2006)). After admonishing defendant pursuant to Supreme

Court Rule 402 (177 Ill. 2d R. 402)), the trial court accepted his guilty plea, sentenced him to two concurrent six-year prison terms, and recommended that defendant be considered for impact incarceration under section 5-8-1.1 of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-1.1 (West 2006)). Defendant appeals, arguing that (1) the trial court erred by failing to admonish him that deportation was a possible consequence of his guilty plea, as required by section 113-8 of the Code of Criminal Procedure of 1963 (Code of Criminal Procedure) (725 ILCS 5/113-8 (West 2006)); (2) his trial counsel was ineffective for failing to advise him that he was not eligible

for impact incarceration; and (3) the impact incarceration statute (730 ILCS 5/5-8-1.1 (West 2006)) violates the separationof-powers requirement of the Illinois Constitution (Ill. Const. 1970, art. II,

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