People v. Gooch

(Court opinion corrected 9/11/14.) Defendant entered plea of guilty to one count of criminal sexual assault of his daughter. Assault occurred over 8 years, beginning when daughter was age 5, and Defendant was sentenced to 12 years. Sentence was not excessive, as Defendant committed assault repeatedly, over 8 years, and never stopped until victim reported abuse to her mother. Where a plea agreement reached between a defendant and the State is silent as to sentencing, a defendant is not required to move to withdraw guilty plea before challenging his sentence. A concession of charges in plea agreement is not negotiated, but is an open plea, where it does not directly speak to sentence imposed. (CHAPMAN and CATES, concurring.)