People v. Smith 

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
No. 1-08-0758.
Decision Date: 
Thursday, December 23, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
LAVIN
During the middle of his jury trial for the beating and death by drowning of a two-year-old child, Defendant pled guilty to murder, and was thereafter sentenced to 32 years imprisonment. After court failed to admonish Defendant of three-year MSR term, court reduced his sentence by three years, but refused to allow him to withdraw his guilty plea. Defendant's plea was a negotiated plea, as Defendant had requested Rule 402 conference during which court stated that if Defendant were to plead guilty he would sentence him to 32 years; and after State presented some witness testimony Defendant asked to take court's earlier offer of 32 years. Court's decision to grant Defendant relief in reducing sentence indicates that plea was negotiated. (GALLAGHER and O'BRIEN, concurring.)