People v. Johnson

This case present question as to whether defendant must withdraw his partially negotiated guilty plea in order to seek reconsideration of his sentence or appeal his sentence based on claim that trial court based sentence on improper aggravation factors. Appellate Court, in noting split of authority on said issue, found that “improper sentencing” arguments of kind asserted by defendant may be raised without withdrawing his partially negotiated guilty plea, since Rule 604(d) that would require withdrawal of guilty plea prior to seeking reconsideration of defendant’s sentence applies only to “excessive-sentence” challenges. Appellate Court further found that trial court had committed reversible error at sentencing when considering two factors inherent in charged offense in aggravation.