People v. Wyles

              No. 2--07--0702 Filed: 6-10-08
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Lake County.
)
Plaintiff-Appellee, ))
v. ) Nos. 03--CF--4602
) 04--CF--178
)
LEVI E. WYLES, ) Honorable
) James K. Booras,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
Defendant, Levi E. Wyles, appeals an order summarily dismissing his second pro se petition
for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122--1 et seq. (West 2004)). He
contends that he stated the gist of a meritorious claim that he was denied due process and should be
allowed to withdraw his guilty pleas to several offenses. We affirm as modified.
On June 13, 2005, per agreement, defendant pleaded guilty to two felony counts of
aggravated criminal sexual abuse (720 ILCS 5/12--16(a)(2) (West 2002)) and one count of
misdemeanor criminal sexual abuse (720 ILCS 5/12--15(c) (West 2004)). In exchange, the State
recommended that defendant receive concurrent 3-year prison terms for the felonies and 120 days
in jail for the misdemeanor. At the guilty-plea hearing, the trial court admonished defendant, in part,