People v. Johnson

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2017 IL App (4th) 160920
Decision Date: 
Tuesday, October 31, 2017
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed and remanded with instructions.
Justice: 
KNECHT

Court denied Defendant’s motion to withdraw his guilty plea, which was pursuant to a partially negotiated plea agreement. A defendant, who entered into a partially negotiated plea agreement, may challenge his sentence on basis that court relied on improper sentencing factors without withdrawing his guilty plea. Rules of forfeiture should be relaxed in this instance, in light of lack of clarity as to Defendant’s Rule 604(d) rights and obligations. Plain error analysis applies, as court considered multiple improper factors which raises seriousness of court’s error. (STEIGMANN and APPLETON, concurring.)