People v. Hubbard

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (2d) 120060
Decision Date: 
Wednesday, October 17, 2012
District: 
2d Dist.
Division/County: 
Jo Daviess Co.
Holding: 
Affirmed.
Justice: 
BIRKETT
Defendant pled guilty to aggravated criminal sexual assault, and was sentenced to 47 1/2 years imprisonment. During 402 conference, parties advised court of prior conviction for predatory criminal sexual assault of a child but did not formally stipulate to existence of that conviction. Prior conviction was not placed before court as part of guilty plea, and recidivist sentencing mandate of Section 12-14(d)(2) of Criminal Code, for life sentence, thus did not apply, and no fatal flaw in plea or conviction. (McLAREN and HUTCHINSON, concurring.)