People v. Sophanavong

Defendant pled guilty to 1st degree murder of his estranged wife, pursuant to a fully-negotiated plea agreement. Defendant filed motion to withdraw his guilty plea, which court denied. Court's acceptance of plea agreement was improper because court did not have before it, at the time, a presentence investigation (PSI) or any information as to dispositions that Defendant received on his prior convictions. Section 5-3-1 of Unified Code of Corrections requires that court, when considering whether to accept negotiated plea, be aware of history of Defendant's criminality and delinquency, including as contained in PSI. (McDADE, concurring; SCHMIDT, dissenting.)