People v. Williams

Defendant pleaded guilty to aggravated driving under the influence and was sentenced to 12 years in prison. On appeal, defendant argued that the trial court erred when it denied his motion to reconsider sentence in which he alleged that the trial court improperly considered the victim’s death in aggravation and improperly considered the existence of a 28-year extended term as a sentencing factor despite defendant not being eligible for the extended term. The State argued that defendant’s claims were barred because he failed to file a motion to withdraw the negotiated plea and defendant responded that the State’s mistaken belief that it could seek an extended term converted the negotiated plea into an open plea. The appellate court held that the effect of the mistake as to eligibility for an extended term did not convert the negotiated plea into an open plea, but that trial counsel failed to strictly comply with Rule 604(d) when it filed a motion to reconsider sentence instead of a motion to withdraw the plea and reversed and remanded for strict compliance with Rule 604(d). (STEIGMANN and CAVANAGH, concurring)