People v. Turner

State: Illinois

Court: 4th District Appellate

Docket No: 4-08-0037 Rel

Case Date: 01/22/2010

Preview:NO. 4-08-0037 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SHAWNA M. TURNER, Defendant-Appellant.

Filed 1/22/10

) Appeal from ) Circuit Court of ) Champaign County ) No. 06CF1984 ) ) Honorable ) Thomas J. Difanis, ) Judge Presiding. _________________________________________________________________ JUSTICE POPE delivered the opinion of the court: In September 2007, defendant, Shawna M. Turner, pleaded guilty pursuant to a partially negotiated plea agreement to the offense of aggravated battery to a police officer. After

accepting defendant's plea and entering judgment on the same, the trial court asked, during the same hearing, if part of the plea agreement was defendant's presence at the sentencing hearing. Defense counsel stated this was part of the plea agreement. court then advised defendant if she was not present at the sentencing hearing there would be no agreement and the court could sentence her to up to seven years in the Illinois Department of Corrections (IDOC). understood. Defendant stated she The

When defendant failed to appear at the sentencing

hearing, the trial court imposed the maximum seven-year sentence. Defendant appeals, arguing the trial court erred in adding a condition to its concurrence in the plea agreement after it had

already accepted the plea.

We affirm.

I. BACKGROUND In December 2006, the State charged defendant by information with aggravated fleeing or attempting to elude a police officer (625 ILCS 5/11-204.1(a)(4) (West 2004)) and aggravated battery (720 ILCS 5/12-4(b)(18), (e)(2) (West 2006) (as amended by Pub. Act 94-333,

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