People v. WhiteAnnotate this Case
The defendant, charged with the attempted robbery death of a cab driver, agreed to plead guilty and receive a 28-year sentence on the charge of first degree murder and a 4-year sentence on the charge of possession of contraband while in a penal institution, to be served consecutively. Before accepting defendant’s plea, the trial court admonished him that the sentencing range was 20 to 60 years’ imprisonment. The state presented a factual basis for both pleas that included use of a gun. After sentencing the court denied a motion to vacate the plea. The appellate court reversed, reasoning that defendant was subject to a mandatory 15-year enhancement for being armed with a gun, so that the mandatory minimum sentence was 35 years. The Illinois Supreme Court affirmed and remanded for trial, stating that the trial court could not impose a sentence that did not include the enhancement.