Illinois Appellate Court
Criminal Court
Guilty Pleas
(Modified upon denial of rehearing 8/10/12.) As trial court did not have authority to award credit for time spent in custody on consecutive sentence, plea agreement was an illegal contract as to essential term and is thus is. Defendant's plea cannot remain intact for remand, as essential part of plea was illegal. Thus, case remanded to allow Defendant to withdraw his guilty plea, if he so chooses. Potential prejudice to State, as plea was entered 11 years ago, is irrelevant. (LAMPKIN, concurring; GARCIA, dissenting.)