People v. Derris Company

              1
NOTICE
Decision filed 07/25/07. The text of
this decision may be changed or
corrected prior to the filing of a
Peti tion for Rehearing or the
disposition of the same.
NO. 5-06-0327
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) St. Clair County.
)
v. ) No. 02-CF-394
)
DERRIS COMPANY, ) Honorable
) John Baricevic,
Defendant-Appellant. ) Judge, presiding.
_________________________________________________________________________
JUSTICE STEWART delivered the opinion of the court:
On January 23, 2006, pursuant to a fully negotiated plea, the defendant pled guilty to
a home invasion charge (720 ILCS 5/12-11(a)(1) (West 2002)) in exchange for the dismissal
of a first-degree murder charge (720 ILCS 5/9-1(a)(1) (West 2002)). The State and the
defendant jointly recommended a sentence of 15 years' incarceration in the Illinois
Department of Corrections. The court dismissed the murder charge, entered a judgment on
the defendant's plea to home invasion, sentenced him to 15 years in the Illinois Department
of Corrections with credit for the time he had already served in the St. Clair County jail,
assessed court costs, and required him to submit to DNA testing. In the written judgment
entered on the day of the defendant's guilty plea, the trial court made no reference to a term
of mandatory supervised release (MSR).
The defendant filed a pro se motion to withdraw his guilty plea and to vacate his
sentence, which was mailed from prison on February 9, 2006, and filed of record on March
3, 2006. The defendant also filed a motion for the appointment of counsel, which was
granted on April 24, 2006. On May 12, 2006, the State filed a motion to dismiss the