People v. Clark 

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2011 IL App (2d) 091116
Decision Date: 
Wednesday, September 14, 2011
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed as modified.
Justice: 
JORGENSEN
Defendant moved to withdraw his negotiated plea of guilty to residential burglary and attempted armed robbery. Sentence of 8 years for attempted armed robbery should be reduced to afford Defendant benefit of bargain with State as to sentencing credit for time served in custody prior to entry of plea. In describing plea agreement, prosecutor stated that Defendant was entitled to credit toward his sentences for the two charges, and never said that although sentences were to run consecutively the credits would apply concurrently. Relief that most closely approximates Defendant's agreement with State is to reduce sentence for attempted armed robbery by number of days of credit toward that sentence, plus additional days of good-conduct credit he would have earned. (BOWMAN and HUTCHINSON, concurring.)