People v. Lenoir

Illinois Appellate Court
Criminal Court
Case Number: 
2013 IL App (1st) 113615
Decision Date: 
March 29, 2013
1st Dist.
Cook Co., 3d Div.
Affirmed in part.
(Court opinion corrected 4/15/13.) Court has authority to modify a defendant's sentence, and enforce the benefit of the bargain as to his plea agreement. When court gave Defendant, who was pro se, a choice to either withdraw his motion to vacate his guilty plea or to grant his motion to withdraw plea and appoint counsel, but stated that there were no assurances as to what would follow, the decision put Defendant at risk of losing what the State had previously agreed to, but with potential that a different sentence might be imposed. MSR term for a defendant subject to mandatory Class X sentences is the three-year term for Class X felonies, regardless of the term applicable to the underlying felony. (STERBA and HYMAN, concurring.)