March 31, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 99 CR 22151
ERIC MARSHALL, ) The Honorable
) Joseph G. Kazmierski,
Defendant-Appellant. ) Judge Presiding.
PRESIDING JUSTICE CAHILL delivered the opinion of the court:
Defendant Eric Marshall appeals the dismissal of his petition under the Post-Conviction
Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2002)). In 2000, defendant pled guilty to
one count of armed violence in exchange for a seven-year prison sentence. His conviction and
sentence were affirmed on direct appeal. People v. Marshall, No. 1-00-3698 (November 12,
2002) (unpublished order under Supreme Court Rule 23 (166 Ill. 2d R. 23)).
In 2003, defendant filed a petition under the Act, claiming he did not receive the "benefit
of his bargain" when a three-year term of mandatory supervised release was added to the seven-year
prison term he had accepted in a plea agreement. See 730 ILCS 5/5-8-1(d)(1) (West 2000)
(in general, every sentence for a Class X felony must include a sentence of three years' mandatory
supervised release in addition to a prison term). Defendant's petition survived the first stage of