People v. Santana 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 2-07-0640 & 2-07-0642 Cons.
Decision Date: 
Thursday, May 27, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant entered negotiated plea to aggravated discharge of a firearm, and was told by judge before plea was accepted that he could be sentenced for 4-5 years followed by 2-year MSR term. Defendant claimed, in 2007 petition seeking reduction of sentence, that he was not told of MSR term in plea discussions. Sentence including MSR was authorized by statute, thus not void. Court not obligated to re-characterize petition as a post-conviction petition, where ultimate success dependent on recharacterization of petition and also on Defendant establishing excuse for late filing. Whitfield precedent does not apply to convictions finalized prior to its 2005 decision date.