Illinois Appellate Court
Criminal Court
Guilty Pleas
(Modified upon denial of rehearing 9/27/17.) Defendant filed motion to withdraw his plea of guilty to 1 count of unlawful possession of a stolen vehicle. Defendant's potential sentence was actually 30 years, rather than 60 years as Defendant claimed that his trial counsel erroneously advised him. As the possible 340-year sentence is still significantly longer than Defendant's guilty plea offer of 9 years, and Defendant presents no contemporaneous evidence he reasonably would have risked facing a 30-year sentence at trial rather than accepting 9-year guilty plea. Defendant failed to show deficient performance of trial counsel. Circuit clerk improperly assessed certain fines as fees, and those are vacated. (HARRIS and STEIGMANN, concurring.)