November 24, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
CARLOS MUNIZ, ) Honorable
) James M. Schreier,
Defendant-Appellee. ) Judge Presiding.
JUSTICE WOLFSON delivered the opinion of the court:
In 1982, defendant Carlos Muniz pleaded guilty to murder and
armed robbery in exchange for concurrent prison terms of 60 and
30 years. In 2007, after several previous challenges to his
conviction, defendant filed a petition for post-judgment relief
asking that his prison sentences be reduced by three years
because the trial court did not admonish him of the mandatory
supervised release (MSR) period he would have to serve after he
completed his prison sentence. The circuit court agreed and
reduced defendant's prison terms to 57 and 27 years. The State
appeals, contending that defendant's claim was procedurally
defaulted and that the trial court erred in granting relief over
the State's objection that defendant's petition was untimely.
Defendant responds that the MSR claim at issue here is not
subject to procedural default. For the following reasons, we
agree with the State.
On September 27, 1982, defendant entered a negotiated plea
of guilty to murder, felony murder and armed robbery in the death