People v. Hughes

Illinois Supreme Court PLAs
Criminal Court
Guilty Plea
Citation
PLA issue Date: 
November 30, 2011
Docket Number: 
No. 112817
District: 
2nd Dist.
This case presents question as to whether trial court properly denied defendant's motion to withdraw his guilty plea to one count of aggravated criminal sexual abuse where govt. had previously nol-prossed count to which defendant had pleaded guilty, and where defendant had not been informed that instant guilty plea could be used as basis for filing petition to have defendant declared sexually violent person? Appellate Court, in affirming trial court, found that revestment doctrine applied so as to allow defendant to plead guilty to nol-prossed count. It further held, in distinguishing Padilla, 130 S.Ct. 1473, that possibility that govt. would file future sexually-violent-person petition was only collateral consequence of instant guilty plea, which did not serve to render plea involuntary, and that record otherwise showed that sexually-violent-person petition had been discussed with defendant prior to entry of plea.