Defendant, age 18 at time of offenses, was convicted, after bench trial, of concurrent 14-year terms each for armed robbery and aggravated vehicular hijacking, and additional concurrent 5-year term for aggravated unlawful restraint. Prior to trial, court had already accepted Defendant's plea and sentenced Defendant pursuant to negotiated plea agreement between Defendant and State. Without first vacating plea, court directed parties to proceed to trial. After bench trial, Defendant was convicted of more offenses and received a higher sentence. There was no written by Defendant and no Rule 604(d) certificate filed by defense counsel to withdraw guilty plea, and no formal decision by court to vacate earlier plea. No one called into question truth of plea. Thus, conviction and sentence vacated on one count; and convictions on 2 counts affirmed, but concurrent sentences reduced. (LAMPKIN and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas