People v. Lee, Jr.

              1
NOTICE
Decision filed 10/24/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-07-0184
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Madison County.
)
v. ) No. 03-CF-488
)
WILLIAM H. LEE, JR., ) Honorable
) James Hackett,
Defendant-Appellant. ) Judge, presiding.
________________________________________________________________________
JUSTICE DONOVAN delivered the opinion of the court:
William H. Lee, Jr., defendant, appeals the denial of his petition for postconviction
relief. We affirm.
Defendant pleaded guilty to aggravated battery with a firearm in connection with an
incident that occurred on February 15, 2003, in exchange for a prison sentence of 10 years.
At the time defendant entered his negotiated plea, he was advised that the potential penalties
included 6 to 30 years' imprisonment and 3 years' mandatory supervised release. The plea
agreement stated in open court by the prosecutor was that defendant would plead guilty in
exchange for a 10-year prison term, with defendant having to serve 85% of the sentence
before becoming eligible for parole. The court accepted the plea and sentenced defendant
to 10 years' imprisonment with credit for 565 days served. Nothing was said about the
mandatory supervised release when the sentence was pronounced or in the sentencing order.
Defendant did not pursue a motion to withdraw guilty plea or a direct appeal. Defendant did
file a petition for postconviction relief, which was denied by the circuit court of Madison
County. In denying the petition, the court held that the recitation of the mandatory-