People v. Smith

This case presents question as to whether trial court properly dismissed defendant’s post-conviction petition alleging that his guilty plea to murder charge must be vacated under White, 2011 IL 109616, where defendant claimed that his plea agreement and 30-year sentence were void because he was neither admonished of, nor did his sentence include, mandatory firearm enhancement, which was statutorily required given factual basis for said plea. Appellate Court, in reversing trial court, found that holding in White applied retroactively to cases on collateral review. In its petition for leave to appeal, State argued that Appellate Court’s retroactivity finding conflicted with decision in Avery, 2012 Il App (1st) 110298.