People v. Smith, 993 N.E.2d 589

In May 2011 Mickey D. Smith entered a fully negotiated guilty plea to first-degree murder for shooting and killing Douglas White; the factual basis and indictment alleged Smith personally discharged a firearm that caused death.
During plea colloquy the State withdrew its notice seeking the mandatory 25-year firearm enhancement; the court admonished Smith he was eligible for 20–60 years and accepted a 30-year agreed sentence.
Smith did not appeal; in August 2011 he filed a pro se postconviction petition arguing, under People v. White, his plea and 30-year sentence were void because he was not admonished about, nor sentenced with, the mandatory firearm enhancement required by the factual basis.
The trial court summarily dismissed the petition as frivolous, reasoning Smith received the benefit of the plea (no enhancement); Smith appealed the dismissal.
The appellate court held the sentence was void because the factual basis supported the mandatory 25-year firearm enhancement, so the agreed 30-year term fell below the mandatory minimum and the plea was void; the court reversed and remanded to allow defendant to withdraw his plea and proceed to trial if he chooses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a guilty plea and sentence that omit a statutory firearm enhancement are void when the factual basis shows personal discharge causing death	State: withdrew enhancement in plea negotiations; defendant received benefit of plea; sentence should stand	Smith: indictment and factual basis allege personal discharge causing death, so mandatory 25-year enhancement must be imposed and failure to do so renders plea and sentence void	Court: Held sentence is void because factual basis required statutory enhancement; remanded to allow withdrawal of plea and trial option
Whether People v. White announces a new rule not applicable retroactively	State: White announced a new rule and should not apply	Smith: White applies; prior precedent already required conformity to statutory sentencing	Court: Rejected State’s retroactivity argument; concluded White did not create a new rule and relevant precedent made the result compelled

People v. White, 2011 IL 109616 (supreme court holding that when the factual basis supports a mandatory firearm enhancement, the court must impose it and failure to admonish and impose renders plea/sentence void)
People v. Whitfield, 228 Ill. 2d 502 (void sentence when it does not conform to statutory guidelines)
People v. Arna, 168 Ill. 2d 107 (trial court lacks authority to impose sentence not authorized by statute)
People v. Torres, 228 Ill. 2d 382 (sentence is void when it falls outside lawful sentencing range required by firearm enhancement)
People v. Thompson, 209 Ill. 2d 19 (court has no authority to impose a sentence not authorized by statute)
People ex rel. Ryan v. Roe, 201 Ill. 2d 552 (an agreed and imposed sentence is void when in violation of statute)
People v. Jimerson, 166 Ill. 2d 211 (remand for further postconviction proceedings unnecessary when error is plain on the face of the record)