Defendant was charged with sexual assault and domestic battery charges against his ex-girlfriend. Parties prepented a partially negotiated plea, and agreed that Defendant would plead guilty to 2 counts, 2 would be dismissed, and Defendant would be given a furlough, with certain conditions of relase, including that he not use any drugs. Court did not violate Rule 402(d). All terms were in the plea before parties presented it to the court, and Defendant had signed the agreement and told court he understood and agreed with it. Court did not place any conditions on it concurrence with the plea, but accepted plea as written by the parties. When Defendant violated conditions of release, plea was converted to a blind plea, and court held a full sentencing hearing and sentenced him to an aggregate term of 22 years. (HOLDRIDGE and McDADE, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing