People v. Burse

Per fully negotiated agreement, Defendant was sentenced to 24 months' probation for attempted delivery of controlled substance. Sentence was not a mere recommendation but a fully negotiated agreement, in which reduced charge was filed as part of negotiations and Defendant avoided conviction on higher-class felonies with mandatory prison time. Thus, Defendant benefitted from bargain with State and his conviction cannot be viewed as a nullity, regardless of preemption of general attempt statute by Illinois Controlled Substances Act. (STEIGMANN and APPLETON, concurring.)