People v. Lenoir
987 N.E.2d 1015
Ill. App. Ct.2013Background
- Defendant Milton Lenoir was on bond for a separate felony when he was arrested for the instant offense.
- In No. 08 C6 60762, Lenoir pled guilty and was sentenced to 7 years with 633 days presentence credit.
- In the instant case, Lenoir pled guilty to unlawful use or possession of a weapon by a felon under a negotiated plea committing to Class X sentencing with 7 years and 3 years MSR, plus 309 days presentence credit.
- The court ordered the 7-year sentence consecutive to the other case and 3 years MSR; defendant received 309 days credit against the sentence in this case, overlapping with credit in the other case.
- DEFENDANT moved to correct mittimus and withdraw plea; court granted 657 aggregate days credit and denied withdrawal; sentence remained 7 years + 3 years MSR, consecutive to the other case.
- On appeal, the court modified the order under Rule 615(b)(4), reducing the base sentence by 309 days to 6 years and 56 days, while keeping 657 days aggregate credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether credit for time served should be reduced to reflect the negotiated 309 days. | Lenoir should be denied 309 days credit due to double counting. | He is entitled to the 309 days credit as promised in the plea. | Credit reduced to 309 days, enforcing the bargain. |
| Whether the MSR term for a Class X offender should mirror the underlying felony or the Class X statute. | MSR should be three years per Class X sentencing statute. | MSR should be two years (underlying Class 2 felony). | MSR remained three years; three-year MSR for Class X affirmed. |
Key Cases Cited
- People v. Latona, 184 Ill. 2d 260 (1998) (no double credit for time served when sentences are consecutive)
- People v. Whitfield, 217 Ill. 2d 177 (2005) (promises in a plea bargain must be fulfilled and allow relief when breached)
- People v. Clark, 2011 IL App (2d) 091116 (2011) (reduction of sentence to reflect promised credit under a negotiated plea)
- People ex rel. Ryan v. Roe, 201 Ill. 2d 552 (2002) (remedy to enforce negotiated sentence while acknowledging unforeseen statutes)
- People v. Lampley, 405 Ill. App. 3d 1 (2010) (affirmed three-year MSR for Class X offender as proper)
- People v. Lee, 397 Ill. App. 3d 1067 (2010) (upheld MSR term for Class X offender)
- People v. McKinney, 399 Ill. App. 3d 77 (2010) (MSR term aligned with Class X offender consistent with prior holdings)
- People v. Watkins, 387 Ill. App. 3d 764 (2009) (MSR term for Class X offender supported)