Villanueva v. Anglin, No. 12-1559 (7th Cir. 2013)
Annotate this CaseSerrano pled guilty to attempted first degree murder and possession of cannabis in exchange for a total sentence of 15 years in prison. In an unrelated case, Villanueva pled guilty to first degree murder in exchange for a 25-year sentence. Each claims that the plea agreements did not mention supervised release even though Illinois imposes a mandatory three-year term of supervised release (MSR) on murder and attempted murder charges. At the time, Illinois law did not require listing MSR on the conviction and sentencing order. At both plea hearings, however, the state judges mentioned MSR and obtained the defendants’ understanding that the law imposed such a term. Illinois law now requires that the term of MSR be specified in the sentencing order. Serrano’s conviction became final in 2002; Villanueva’s conviction became final in 2004. The two claim to have learned of the MSR while in prison. After extensive proceedings, state courts denied their petitions for post-conviction relief, which argued that the state denied them the benefit of their plea bargains in violation of Santobello v. New York, 404 U.S. 257 (1971). The Supreme Court denied certiorari. The federal district court denied petitions for habeas corpus. The Seventh Circuit affirmed.
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