Defendant appealed from two circuit court orders granting his petition for post-conviction relief and re-sentencing him to 37 years in prison for two counts of attempted first-degree murder. Defendant argued on appeal that resentencing was an insufficient remedy for his claim that trial court’s improper advice caused him to reject a plea offer and that the sentence imposed violated his due process rights and was excessive. The appellate court agreed with the second argument and reversed and remanded, finding that defendant was sentenced to a term of years beyond what he was told was possible when he made the decision to reject the plea offer and that due process and fairness considerations required that he not be sentenced beyond the date range he was given prior to accepting the plea deal. (ROCHFORD and MARTIN, concurring)
Illinois Appellate Court
Criminal Court
Sentencing