Defendant pled guilty to 1 count of residential burglary; State agreed to dismiss the remaining counts, agreed that it would not request a sentence greater than 12 years, and agreed that Defendant could post a recognizance bond until sentencing. State asked court to impose a 12-year sentence; plea counsel requested a 4-year sentence. Court warned Defendant that he could receive harsher sentence if he committed any crimes while out on recognizance bond. Court noted that Defendant had an extensive criminal record, and was arrested and charged with aggravated battery while on recognizance bond, and imposed a maximum 15-year sentence for residential burglary, and 2 concurrent 5-year terms for each count of aggravated battery. Defendant received the benefit of his bargain as State did request a sentence of 12 years. Defendant's only recourse would be to file a motion to withdraw his plea. Court did not err in declining to hold new hearing on Defendant's motion to reconsider sentence which court had denied. Court adequately considered relevant factors in aggravation, and there were no factors in mitigation. (McDADE and O'BRIEN, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing