People v. Hildenstein

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2012 IL App (5th) 100056
Decision Date: 
Thursday, May 31, 2012
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed.
Justice: 
GOLDENHERSH
Defendant filed successive postconviction petition, alleging that his 2004 guilty plea to first-degree murder was not knowing and voluntary, as he was never advised that 3 years MSR was required after serving 20-year sentence. Court dismissed petition at second stage. Defendant is not entitled to retroactive application of Whitfield case holding that faulty admonishment as to MSR is denial of due process, as his conviction was final prior to Whitfield decision. (DONOVAN and SPOMER, concurring.)