Defendant pleaded guilty to driving while license revoked and, based on his criminal history, was sentenced to nine years in prison as a Class X offender. Defendant argued on appeal that he was entitled to elect the benefit of a Class X recidivism provision that took effect after sentencing but before the circuit court ruled on his post-plea motion and that defense counsel failed to comply with the requirements of SCR 604(d). The supreme court affirmed, finding that defendant was not entitled to be sentenced under the newer version of the statute where it was not yet in effect when he was sentenced and that strict compliance with Rule 604(d) was not required where the record showed that defendant was afforded a full and fair opportunity to present his post-plea claims. (THEIS, NEVILLE, OVERSTREET, ROCHFORD, and O’BRIEN, concurring and CUNNINGHAM, specially concurring)
Illinois Supreme Court
Criminal Court
Sentencing