Can Not Appearing for Plea Bargain Sentencing Result In a Harsher Sentence ?

Can a Defendant Who Does Not Appear for Sentencing Which was Part of the Plea Bargain be Given a Harsher Sentence ? In People v. Collier, 376 Ill. App. 3d 1107, 879 N.E.2d 982, 316 Ill. Dec. 594 (2007), the defendant pleaded guilty in exchange for the State capping its sentencing recommendation at two years. Collier, 376 Ill. App. 3d at 1109, 879 N.E.2d at 985. The trial court stated terms of the agreement on the record and then accepted the defendant's plea. After accepting the plea, the court dealt with some technical matters, including setting a date for the sentencing hearing. Collier, 376 Ill. App. 3d at 1109, 879 N.E.2d at 985. The court then asked the defense counsel and the State whether as part of the plea agreement the defendant had to appear for sentencing. Collier, 376 Ill. App. 3d at 1109, 879 N.E.2d at 985. The attorneys for the defendant and the State both acknowledged this was part of the plea agreement. Collier, 376 Ill. App. 3d at 1109-10, 879 N.E.2d at 985. The court told the defendant this meant if she did not show up for the sentencing hearing the court could sentence her to more than two years in prison. Collier, 376 Ill. App. 3d at 1110, 879 N.E.2d at 985. The defendant did not respond to this admonishment by the court, and no one said anything further of substance before the plea hearing concluded. Collier, 376 Ill. App. 3d at 1110, 879 N.E.2d at 985. On the day of the sentencing hearing, the defendant was present at the trial court but then left before the hearing began. The court noted it informed the defendant if she did not appear at the sentencing hearing, "'the court would not concur with the State's cap'" and "'the court could sentence her to more than two years.'" Collier, 376 Ill. App. 3d at 1111, 879 N.E.2d at 986. The court sentenced the defendant to four years in prison and denied her motion to reconsider. Collier, 376 Ill. App. 3d at 1111, 879 N.E.2d at 986.