Illinois Supreme Court PLAs
Criminal Court
Guilty Plea
This case presents question as to whether trial court properly denied defendant's motion to withdraw his guilty plea to 1st degree murder charge where trial court eventually imposed 28-year sentence that was below statutory minimum of 35-year sentence that included 15-year enhancement for use of firearm during charged offense. Appellate Court, in finding that motion to withdraw should have been granted, noted that trial court improperly advised defendant that he was subject to only 20 to 60 year potential sentence and found that trial court's failure to impose enhancement rendered sentence void and invalidated entire plea agreement.