Defendant was charged by information with being an armed habitual criminal (AHC). Defendant pled guilty based on a partially-negotiated plea agreement to plead guilty to AHC, a Class X felony, in exchange for State capping their recommendation for sentence of not more than 17 years. Defendant had rejected a prior plea offer from the State. Court sentenced Defendant to 17 years, to be served at least 85%. Court did not abuse its discretion in denying Defendant's amended motion to withdraw his guilty plea and vacate judgment. At the time, in 2016, Defendant committed the underlying conduct (selling a gun) which resulted in the AHC charge, he had a conviction for burglary or residential burglary, and both of those offenses are forcible felonies under subsection (a)(1). The fact that Defendant was 17 at time of that offense is of no consequence. Even if that would have resulted in a discretionary transfer to juvenile court, and juvenile adjudication, if it were committed in 2016, it was a conviction for an offense described in subsection (a)(1). Defendant did not allege that he did not understand court's admonishments about possible penalties or that he would not have pled guilty had he known about the 85% requirement, and thus he did not establish a basis for withdrawal of his plea. (DeARMOND and STEIGMANN, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas