People v. Green

Defendant pled guilty, per fully negotiated plea agreement, to armed habitual criminal, in exchange for agreement ot dismiss two additional charges, and 10-year sentence. One of the two underlying offenses, used to satisfy requirements of armed habitual criminal statute, was prior conviction for aggravated unlawful use of weapon, which Illinois Supreme Court, in Aguilar decision, held unconstitutional in its Class 4 form. Plea agreement is valid as both State and Defendant received benefit of bargain, and Defendant was not prejudiced by Aguilar decision. (HOLDER WHITE and STEIGMANN, concurring.)