People v. Gregory

              NO. 4-07-0677 Filed 3/3/08
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
JOHN T. GREGORY,
Defendant-Appellant.
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Appeal from
Circuit Court of
Vermilion County
No. 05CF460
Honorable
Claudia S. Anderson,
Judge Presiding.
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JUSTICE TURNER delivered the opinion of the court:
In August 2005, the State charged defendant, John T.
Gregory, with burglary (720 ILCS 5/19-1(a) (West 2004)) and
retail theft over $150 (720 ILCS 5/16A-3(a) (West 2004)).
Defendant and the State entered into a plea agreement, under
which defendant would plead guilty to the burglary charge with a
sentencing cap of three years' imprisonment and the State would
dismiss the retail-theft charge. At the June 2006 plea hearing,
the trial court admonished defendant that burglary was punishable
by 3 to 7 years in prison or it could be 7 to 14 years in prison
if aggravating factors were present. Defendant pleaded guilty to
the burglary charge, and the court accepted the plea agreement
and dismissed the retail-theft charge. After an August 2006
sentencing hearing, the court sentenced defendant to 24 months'
probation.
In November 2006, the State filed a petition to revoke
defendant's probation for failure to report to his probation
officer. After a March 2007 hearing, the trial court found