People v. Clemons

Defendant pled guilty to one count each of aggravated discharge of a firearm and unlawful use of a weapon by a felon, and sentenced to seven years imprisonment. One same date Defendant also pled guilty to aggravated fleeing and eluding, filed in separate case, and was sentenced to three years imprisonment, sentences to be served concurrently. Court prematurely denied, sua sponte and without 30 days having passed for State to file response, Defendant's petition to withdraw guilty plea, and a pro se "motion for specific performance of plea agreement", wherein he argued that he had not been informed that he would be required to serve 85% of his sentence for aggravated discharge of firearm. Even though State appeared at hearing, mere silence by State, within 30-day period allowed for it to respond, does not render petition ripe for adjudication. (HOFFMAN and HALL, concurring.)