People v. McKenzie

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2013 IL App (1st) 102925
Decision Date: 
Friday, May 31, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
GORDON
(Court opinion corrected 6/5/13.) Defendant was convicted, after jury trial, of first-degree murder, and sentenced to 60 years. Later he entered negotiated guilty plea to second degree murder in another case and was sentenced to consecutive term of 40 years, but agreed to waive his rights to appellate and post-conviction relief in both cases. Defendant received and requested remedy of reduced sentence for first-degree murder, as original sentence exceeded statutory maximum. Thus, Defendant cannot obtain additional relief sought, to declare plea agreement void. No Illinois courts have held that waiver of appellate and postconviction rights is against public policy. (LAMPKIN and REYES, concurring.)