People v. Johnson

Defendant committed domestic battery while released on bond for charges of domestic battery and interfering with reporting of domestic violence. Court erred in sentencing Defendant to consecutive terms of 5 years. Court failed to advise Defendant, before he pleaded guilty in subsequent domestic battery case, that he was subject to mandatory consecutive sentencing. Record reflects that neither the court nor the parties even thought that Defendant might be subject to mandatory consecutive sentences; court never mentioned consecutive sentencing at all. Thus, Defendant could not be expected to know that consecutive sentences were mandatory in his case. Sentences vacated; remanded for resentencing. Court must sparingly and cautiously exercise its power to modify sentences under Rule 615(b)(4). Any sentences imposed are limited to the maximum term of which Defendant was informed before he pleaded guilty. Charges dismissed under the plea agreement cannot be reinstated. (SCHOSTOK and BIRKETT, concurring.)