Defendant entered negotiated plea of guilty to second-degree murder and armed robbery, with agreement to sentence of consecutive terms of 20 years and 10 years; and court admonished him that he would have to serve 2 years and 3 years of MSR, but was unsure whether MSR terms coudl be served concurrently. Mittimus states that he would serve MSR terms consecutively, which is a statutory violation. A sentence is void only if the court that entered it lacked jurisdiction. As court had jurisdiction to impose Defendant's sentence, including unauthorized MSR term, is not void. Thus, as there is no arguably meritorious basis to challenge dismissal of Defendant's Section 2-1401 petition, court properly granted appellate counsel's motion to withdraw.(SCHOSTOK and HUTCHINSON, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing