Can You Appeal Sentences Without Moving to Withdraw Guilty Pleas ?
In People v. Evans, 174 Ill. 2d 320, 220 Ill. Dec. 332, 673 N.E.2d 244 (1996), the defendants pleaded guilty to certain charges in return for specific sentences and the dismissal of other pending charges.
They appealed their sentences without moving to withdraw their guilty pleas.
The supreme court applied the principles of contract law to the plea bargain and stated, "Under these circumstances, the guilty plea and the sentence 'go hand in hand' as material elements of the plea bargain." Evans, 174 Ill. 2d at 332.
The Evans court held that, "following the entry of judgment on a negotiated guilty plea, even if a defendant wants to challenge only her or his sentence, she or he must move to withdraw the guilty plea and vacate the judgment." Evans, 174 Ill. 2d at 332.