Defendant pled guilty to 1st degree murder of 1 victim and aggravated battery for the shooting of another victim. Pursuant to plea agreement, after bargaining was completed and a plea deal had been reached, Defendant gave a detailed videotaped statement confessing to the crimes. Defendant later filed several motions to vacate his guilty plea, which court granted. At stipulated bench trial, Defendant's statement was admitted into evidence, and Defendant was convicted of 1st degree murder with firearm enhancement. Had Defendant performed his cooperation obligations under the plea agreement, he would have been permitted to withdraw his plea and enter a new plea to charges that did not include the firearm enhancement. The deal was still available to Defendant at the time he breached the agreement by withdrawing his guilty plea. Defendant's providing of the statement was not a condition precedent of the deal, but was a fulfillment of a term of the deal. Statement was admissible at trial and was not barred pursuant to Rule 402(f). (A. BURKE, GARMAN, THEIS, NEVILLE, and OVERSTREET, concurring.)
Illinois Supreme Court
Criminal Court
Motion to Suppress