People v. Demitro

Defendant entered negotiated plea of guilty to one count of first degree murder, but court failed to admonish defendant of MSR period which would follow imprisonment. Six years later, Defendant filed a pro se postconviction petition, which court properly dismissed as Defendant cannot make a substantial showing of a violation of his constitutional rights. Defendant's guilty plea and sentencing occurred prior to new rule that a defendant who was not advised of the MSR obligation before entering the plea should have his sentence modified to incorporate the MSR in the number of years to which sentenced; thus, retroactive relief under that rule is not available to Defendant. (GARCIA and R.E. GORDON, concurring.)