People v. Golen

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 IL App (1st) 133433
Decision Date: 
Friday, March 20, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
LAMPKIN
Circuit court entered resenting order after appellate court's mandated remanded resentencing because Defendant's initial concurrent sentence entered on negotiated plea was void. Based on facts of case, upon resentencing, Defendant was not entitled to Rule 605(c) admonishments. Circuit court's duty was to comply with mandate, and Defendant had no right to withdraw his guilty plea. Appellate court's prior finding that Defendant failed to make substantial showing that his guilty plea was not voluntary and knowing is the law of the case. Court was not required to obtain presentence investigation report prior to imposing its resentence, and Defendant failed to show counsel was ineffective by agreeing to new sentence. (HOFMAN and HALL, concurring.)