Attempted Aggravated Criminal Sexual Assault and Home Invasion
In People v. Borst, 372 Ill. App. 3d 331, 867 N.E.2d 1181, 311 Ill. Dec. 195 (2007), the defendant pleaded guilty to attempted aggravated criminal sexual assault and home invasion in exchange for concurrent 15-year sentences and the dismissal of a charge of residential burglary.
The trial court admonished the defendant, in pertinent part, as follows:
"'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 mandatory supervised release (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.
Count III, residential burglary, is a Class 1 offense with penalty that I just read to you except it is not probationable.'" Borst, 372 Ill. App. 3d at 332.