People v. Deng

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2013 IL App (2d) 111089
Decision Date: 
Friday, June 14, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated and remanded.
Justice: 
ZENOFF
Defendant was sentenced to 35 years for first-degree murder. Sentence and plea agreement were void because Defendant did not receive, and was not admonished about, mandatory sentencing enhancement. Even if State intended to remove enhancement when negotiating plea, State did nothing to remove enhancement from factual basis for plea, but could have amended factual basis to support accountability or other theory. Court was thus required to sentence Defendant with enhancement.(HUTCHINSON and JORGENSEN, concurring.)