People v. Delvillar

State: Illinois

Docket No: 106909 Rel

Case Date: 12/17/2009

Preview:Docket No. 106909.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. LEOBARDO DELVILLAR, Appellee. Opinion filed December 17, 2009.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Thomas, Karmeier, and Burke concurred in the judgment and opinion. Justice Freeman specially concurred, with opinion. Justice Kilbride specially concurred, with opinion.

OPINION Defendant, Leobardo Delvillar, was charged with several weapons violations. Defendant agreed to plead guilty to one count of aggravated unlawful use of a weapon by a felon in return for a sentence recommendation. Defendant later filed a motion to withdraw his guilty plea on the grounds that he is a resident alien, and not a United States citizen, and that the circuit court failed to admonish him of the potential immigration consequences of his plea. The circuit court denied defendant's motion. The appellate court reversed and remanded for further proceedings. 383 Ill. App. 3d 80. The State then

petitioned this court for leave to appeal, which we allowed pursuant to Supreme Court Rule 315 (210 Ill. 2d R. 315(a)). BACKGROUND Defendant was arrested and charged in July 2003 with three counts of aggravated unlawful use of a weapon by a felon (720 ILCS 5/24

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