People v. Evans

This case presents question as to whether trial court properly denied defendant's pro se motion seeking leave to file successive postconviction petition alleging that his due process rights were violated when trial court failed to admonish him of existence of 3-year term of mandatory supervised release (MSR) that attached to his 12-year sentence, which, if MSR were served, would exceed term of incarceration announced by trial court? Appellate Court, affirming instant dismissal, held that defendant failed to adequately explain his failure to raise instant sentencing issue in first postconviction petition and where, but for negotiated plea situations, due process would not require trial court to admonish defendant that MSR would attach to his sentence.