People v. Smith

In fully negotiated plea agreement, Defendant pled guilty to first degree murder. During admonitions, court advised Defendant that State was withdrawing its notice of intent to seek firearm enhancement. Defendant's sentence was void as it fell below the mandatory minimum, as the factual basis of ple referred to Defendant's use of a firearm which caused victim's death. Athough State has authority to negotiate around mandatory sentence enhancement, it must do so by amending the indictment and presenting a factual basis that does not include any allegations that would invoke the enhancement. (CARTER and WRIGHT, specially concurring)