Preview:

ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Sweeney, 2012 IL App (3d) 100781

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CINDY L. SWEENEY, Defendant-Appellant.

District & No.

Third District Docket No. 3-10-0781 March 22, 2012 Where defendant pled guilty to driving while her license was suspended and the trial court imposed a 6-year sentence, but stayed the mittimus for 30 months, and then sua sponte vacated the sentence over 45 months later, sentenced defendant to a 30-month term of probation, and then granted the State's petition to revoke her probation and imposed a 6-year term of imprisonment, the appellate court vacated the term of probation imposed after the 45-month period, the revocation of that probation and the use of that revocation as the basis for the resulting sentence, and although the trial court had authority to impose the initial 6-year sentence, the court had no authority to stay the mittimus for over 45 months, and since the stay was an essential part of the plea agreement, the entire sentence was vacated and the cause was remanded to allow defendant to withdraw her plea and proceed to trial or persist in her plea and be resentenced. Appeal from the Circuit Court of Will County, No. 03-CF-755; the Hon. Richard Schoenstedt and the Hon. Stephen D. White, Judges, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment Counsel on Appeal

Sentence vacated; cause remanded. Thomas A. Karalis (argued), of State Appellate Defender's Office, of Ottawa, for appellant. James Glasgow, State's Attorney, of Joliet (Terry A. Mertel and Gary F. Gnidovec (argued), both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

JUSTICE McDADE delivered the judgment of the court, with opinion. Justice Lytton concurred in the judgment and opinion. Presiding Justice Schmidt specially concurred, with opinion.

OPINION

Download 3100781.pdf

Illinois Law