People v. Berrios

              No. 3-07-0548
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Filed January 20, 2009
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2009
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of the 10st Judicial Circuit,
) Peoria County, Illinois,
Plaintiff-Appellee, )
)
v. ) No. 02-CF-1007
)
RALPH L. BERRIOS, ) Honorable
) Stuart P. Borden,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE LYTTON delivered the Opinion of the court:
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Defendant, Ralph Berrios, plead guilty to two counts of
aggravated battery with a firearm (720 ILCS 5/12-3(A)(1) and 5/12-
4.2(a)(1) (West 2002)). Four years later, he filed a pro se motion
for relief from judgment, alleging that his sentence was void and
his constitutional right to due process and fundamental fairness
was violated because he had not been informed that a 3-year
mandatory supervised release (MSR) term would apply to his 22-year
sentence. The trial court denied the motion. We affirm.
On December 5, 2003, defendant entered a fully negotiated
guilty plea. The parties informed the trial court that the
agreement called for defendant to serve consecutive sentences of
eleven years’ imprisonment and that he would be entitled to day-for-
day credit for the time he served in presentencing custody.