People v. Avila

Defendant was convicted, after guilty plea, of home invasion and aggravated unlawful use of a firearm (AUUF). As amended pursuant to plea agreement, count I alleged that Defendanty possessed a dangerous weapon other than a firearm, with intent behind plea agreement for Defendant to plead guilty in exchange for amending count I to eliminate Defendant's exposure to mandatory 15-year add-on for possession of firearm in course of home invasion. Thus, parties deliberately crafted and presented to court factual basis that made no mention that Defendant possessed a firearm within victim's home. Thus, factual basis for guilty plea supports court's implicit determination that offenses of AUUF and home invasion arose from unrelated courses of conduct. No abuse of discretion in 26-year sentence, given that victim was over age 60 and crime had significant emotional impact on victim. (SCHOSTOK and BURKE, concurring.)