People v. Smith

Illinois Supreme Court held, in 2012 People v. White decision, that when factual basis for plea agreement accepted by circuit court establishes that the defendant is subject to mandatory sentencing enhancement, court must impose it even if agreement included condition that State would not pursue enhancement. As that decision established a new rule within the meaning of U.S. Supreme Court's 2989 Teague v. Lane decision, which does not fall within either of the Teague exceptions, it does not apply retroactively to convictions which were final at time People v. White case was decided. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)