People v. Page

Defendant entered an open plea of guilty to aggravated driving under the influence, which was a Class 1 felony because he had three prior convictions for DUI and one for aggravated DUI. Defendant was sentenced to 10 years. Defendant appealed from the circuit court’s orders denying his motion to withdraw his plea and to reconsider the sentence. The appellate court affirmed, finding that the State’s failure to find one of the predicate convictions earlier in the process and the State filing a new charge after finding this information did not result from vindictiveness and that the trial court did not abuse its discretion in imposing a 10-year sentence. (TURNER and CAVANAGH, concurring)