People v. Vilces

State: Illinois

Court: 2nd District Appellate

Docket No: 2-00-0284 Rel

Case Date: 05/10/2001

May 10, 2001

No. 2--00--0284

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

Plaintiff-Appellee,

MICHAEL S. VILCES,

Defendant-Appellant.

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Appeal from the Circuit Court
of Stephenson County.

No. 97--CF--146

Honorable
Charles R. Hartman,
Judge, Presiding.

Modified Upon Denial of Rehearing

JUSTICE CALLUM delivered the opinion of the court:

Defendant, Michael S. Vilces, pleaded guilty to one count of calculated criminal drug conspiracy (720 ILCS 570/405(b) (West1998)) and one count of controlled substance trafficking (720 ILCS570/401.1(a) (West 1998)). In exchange for his plea, the Statedismissed a charge of unlawful delivery of a controlled substance(720 ILCS 570/401(a)(2)(B) (West 1998)) and agreed to recommendconcurrent 28-year terms of imprisonment. The trial court acceptedthe plea agreement and sentenced defendant accordingly. Defendantfiled a postconviction petition, which the trial court dismissed asfrivolous and patently without merit. Defendant appeals thedismissal of the petition, arguing that (1) his guilty plea wasinvoluntary, and (2) Public Act 83--942 (Pub. Act 83--942, eff.November 23, 1983) was passed in violation of the single subjectclause of the Illinois Constitution (Ill. Const. 1970, art. IV,