People v. Mendez

              No. 2--07--0229 Filed: 11-26-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Lake County.
)
Plaintiff-Appellee, ))
v. ) No. 03--CF--239
)
EFRAIN J. MENDEZ, ) Honorable
) Victoria A. Rossetti,
Defendant-Appellant. ) Judge, Presiding.
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PRESIDING JUSTICE ZENOFF delivered the opinion of the court:
Defendant, Efrain J. Mendez, appeals from an order of the circuit court of Lake County,
which summarily dismissed his pro se petition brought under the Post-Conviction Hearing Act (Act)
(725 ILCS 5/122--1 et seq. (West 2006)). Defendant argues that the trial court erred by dismissing
his petition as frivolous and without merit, because his petition stated the gist of a constitutional
claim for due process violations in conjunction with the proceedings on his negotiated guilty plea.
Because the record shows that defendant was not sufficiently admonished regarding the imposition
of mandatory supervised release (MSR), we reverse and remand with directions.
BACKGROUND
Defendant was indicted for aggravated battery with a firearm (720 ILCS 5/12--4.2(a)(1)
(West 2002)), aggravated discharge of a firearm (720 ILCS 5/24--1.2(a)(1) (West 2002)), defacing
identification marks on a firearm (720 ILCS 5/24--5(a) (West 2002)), and aggravated unlawful use