People v. Lee

Illinois Appellate Court
Criminal Court
Guilty Plea
Citation
Case Number: 
2023 IL App (1st) 211080
Decision Date: 
Thursday, August 17, 2023
District: 
1st Dist.
Division/County: 
4th Div./Cook Co.
Holding: 
Reversed in part and vacated in part.
Justice: 
MARTIN

Defendant pleaded guilty to aggravated vehicular hijacking and was sentenced to a mandatory term of natural life under the Habitual Criminal Act. Defendant moved to withdraw his guilty plea, arguing that counsel was ineffective because he incorrectly argued that the life sentence was discretionary. The trial court denied the motion and defendant appealed. The appellate court reversed the trial court’s denial of defendant’s motion to withdraw his guilty plea and vacated the conviction and sentencing, finding that under the circumstances it would be unjust to hold defendant to his guilty plea where his lawyer was deficient and where the trial court did not correct defendant’s misapprehension of the consequences of a guilty plea. (LAMPKIN and ROCHFORD, concurring)