People v. Sophanavong

Illinois Supreme Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2020 IL 124337
Decision Date: 
Thursday, August 20, 2020
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
GARMAN

Defendant pled guilty to 1 count of 1st degree murder of his estranged wife in exchange for dismissal of all remaining criminal charges and a sentence of 55 years (consisting of a 30-year sentence plus 25-year mandatory firearm enhancement).  When a circuit court fails to strictly comply with the requirements to forgo a PSI (presentence report of investigation), a defendant can waive the issue by pleading guilty as well as forfeit the claim by failing to raise it in a postplea motion. Appellate court erred by considering the merits of his claim and in granting him a new sentencing hearing. (KILBRIDE, THEIS, and BURKE, concurring; BURKE, specially concurring; KARMEIER, dissenting; NEVILLE, dissenting.)