People v. Hughes 

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
No. 2-09-0992, 2011 IL App (2d) 090992
Decision Date: 
Tuesday, July 19, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
HUDSON
Defendant pled guilty to one count of aggravated criminal sexual abuse. Failure to inform Defendant that his guilty plea could be basis for petition to have him declared a sexually violent person does not render his plea involuntary. Civil commitment as a sexually violent person is outside the scope of U.S. v. Padilla case, which held that defense counsel's failure to advise a defendant of potential deportation consequences of a guilty plea renders plea involuntary. State having nol-prossed the count to which Defendant pled guilty does not render his plea void. As parties participated in proceedings inconsistent with the merits of the prior disposition of nol-prossed count, and presented an agreed disposition, the court had acquired jurisdiction through revestment doctrine. (McLAREN and BIRKETT, concurring.)