People v. Bahena
State: Illinois
Court: 2nd District Appellate
Docket No: 2-96-1166
Case Date: 04/23/1998
No. 2--96--1166
________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Lake County.
)
Plaintiff-Appellee, ) No. 96--CF--1222
)
v. )
) Honorable
OCTAVIO BAHENA, ) Christopher C. Starck and
) Victoria A. Rossetti,
Defendant-Appellant. ) Judges, Presiding.
________________________________________________________________
PRESIDING JUSTICE GEIGER delivered the opinion of the court:
The defendant, Octavio Bahena, appeals the order of the
circuit court of Lake County denying his motion to reconsider his
sentence. The defendant contends that (1) the trial court failed
to admonish him that he had to move to withdraw his guilty plea in
order to challenge his sentence and (2) the extended-term sentence
the court imposed was an improper double enhancement.
A grand jury indicted the defendant for defacing the
identification marks on a firearm (720 ILCS 5/24--5(a) (West 1996))
and the unlawful possession of a weapon by a felon (720 ILCS 5/24--
1.1(a) (West 1996)). On June 26, 1996, the defendant pleaded
guilty to the unlawful possession charge. In exchange, the State
agreed to a sentence cap of nine years imprisonment and to dismiss
the remaining count.
The presentence report revealed that the defendant had a
single prior conviction of armed violence in 1992. At the
sentencing hearing, the State requested a seven-year prison
sentence, which is an extended term for a Class 3 felony. The
defendant urged the court not to impose an extended term.
The court sentenced the defendant to 7
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