People v. McClendon

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2015 IL App (3d) 130401
Decision Date: 
Tuesday, August 25, 2015
District: 
3d Dist.
Division/County: 
Knox Co.
Holding: 
Reversed and remanded.
Justice: 
WRIGHT
State and Defendant entered into fully-negotiated plea agreement, but a few days later Defendant filed timely motion to withdraw his guilty pleas. State did not object to Defendant's timely motions, but court acted unreasonably by refusing to allow Defendant's request to set aside plea agreement. Judicial discretion should not be exercised to override prosecutorila discretion in absence of compelling reasons. (McDADE and HOLDRIDGE, concurring.)