People v. Sophanavong

This case present question as to whether trial court properly denied defendant’s second amended motion to withdraw his guilty plea to murder charge, where defendant alleged that his plea was not knowingly and voluntarily made, and where defendant argued that his trial counsel was ineffective at time plea was entered. Appellate Court, in vacating defendant’s 55-year sentence and remanding matter for new sentencing hearing, found that trial court had not strictly complied with section 5-3-1 of Code of Corrections by having any presentence investigation or any information regarding dispositions that defendant had received on his prior convictions. In its petition for leave to appeal, State noted that defendant had not challenged denial of his second amended motion to withdraw his guilty plea and argued that defendant could not challenge his sentence on appeal because his negotiated guilty plea was still in force. (Dissent filed.)