People v. Williams

Defendant pled guilty to unlawful delivery of a controlled substance in exchange for sentencing cap of 25 years. Court repeatedly admonished Defendant that but for plea agreement he faced maximum 60 years. However, Defendant should only have faced maximum of 30 years. Defendant was not eligible for Class X extended-term sentencing under Section 5-5-5-3.2 of Unified Code of Corrections, which is controlling as it was enacted and took effect after Section 408 of Illinois Controlled Substances Act, which is in conflict with Code as it would permit Class X extended-term sentencing. Defendant lost opportunity to negotiate lesser term of incarceration because of improper admonishments from court and was thus prejudiced by admonishments, and should be allowed to withdraw his guilty plea. (LYTTON and CARTER, concurring.)