Defendant appealed a trial court order rejecting a plea deal that was reoffered by State on remand, after a federal habeas court found that Defendant had received ineffective assistance of counsel during plea negotiations, because his counsel failed to advise Defendant that he was subject to a mandatory life sentence. State then reoffered the 20-year plea deal to charge of attempted armed robbery, a Class 1 felony that would not trigger mandatory life imprisonment. Trial court had discretion to reject details of plea, but that discretion was limited by the requirement that remedy had to neutralize the taint of constitutional violation, and did not extend to rejecting a plea to a charge that did not trigger a mandatory life sentence. (HOLDRIDGE and CARTER, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel