People v. Borst

In People v. Borst, 372 Ill. App. 3d 331, 867 N.E.2d 1181, 311 Ill. Dec. 195 (2007), the defendant argued that his postconviction petition should have been granted based on People v. Whitfield because the trial court's general admonishments only referred to MSR in connection with any extended-term sentence which could be imposed. The court upheld the denial of the petition, noting that in People v. Whitfield the trial judge failed to make any mention of MSR before he accepted defendant's guilty plea. The defendant was admonished as follows before pleading guilty, pursuant to an agreement with the State, to attempted aggravated criminal sexual assault and home invasion: "'TRIAL COURT: Count I, attempted aggravated criminal sexual assault, is a Class 1 felony punishable by one to three years, I'm sorry, four to 15 years in the penitentiary. If there are aggravating factors present, could be 15 to 30 years. Two years' MSR. Up to four years on probation. Up to $ 25,000 fine. Count II, home invasion, is a Class X felony as charged. It's six to 30 years in the penitentiary. Could be 30 to 60 years if there are aggravating factors present. Three years' MSR. Is not probationable. And up to $ 25,000 fine." The Borst court held that the admonition made the defendant aware of MSR and was sufficient under Whitfield even though the trial court did not explicitly advise the defendant that MSR would be part of his sentence under the plea agreement. Borst, 372 Ill. App. 3d at 334. The court concluded that, unlike the judge in People v. Whitfield, the trial judge did mention MSR prior to accepting the defendant guilty plea; thus, the admonishments were sufficient. Borst, 372 Ill. App. 3d at 334.