People v. Smith
Annotate this CaseSmith was charged with shooting White in the back and causing his death, as “an armed habitual criminal.” The state indicated that it intended to seek a sentencing enhancement of 25 years to natural life imprisonment on the ground that Smith used a firearm. Smith pleaded guilty to first degree murder. In exchange, the state dismissed counts I and III, recommended a sentence of 30 years’ imprisonment, and withdrew its notice of intent to seek the firearm sentencing enhancement. The circuit court advised Smith that he was eligible for a sentence of 20 to 60 years, accepted the plea, and imposed a sentence of 30 years. Smith did appeal, but filed a pro se post-conviction petition claiming that his sentence and plea were void under the 2011 Illinois Supreme Court decision, People v. White, because his sentence did not include the statutory firearm enhancement. The circuit court dismissed the petition as frivolous. The appellate court reversed, reasoning that the factual basis for Smith’s plea established that a firearm was used in the murder, thereby requiring the imposition of the firearm sentencing enhancement, which required a 25-year prison term in addition to the minimum 20-year prison term for murder. The appellate court concluded that White did not establish a new rule of law and applied to the conviction. The Illinois Supreme Court reversed, holding that White does not apply retroactively.
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