People v. Avery

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (1st) 110298
Decision Date: 
Thursday, June 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
FITZGERALD SMITH
(Court opinion corrected 6/27/12.) New rule announced in Illinois Supreme Court's 2011 decision in People v. White mandates application of firearm enhancement provision of murder statute any time factual basis of plea agreement includes use of a firearm, and thus rule only affects enhancement of sentence and not integrity or reputation of judicial system. Thus, rule of White case does not apply retroactively to Defendant's postconviction claim. (PUCINSKI and STERBA, concurring.)