Defendant's Appearance for the Sentencing Was Not Part of the Plea Agreement
In People v. Bouie, 327 Ill. App. 3d 243, 763 N.E.2d 858, 261 Ill. Dec. 609 (2002), the requirement that the defendant appear for the sentencing hearing was not part of the plea agreement between the State and the defendant. Bouie, 327 Ill. App. 3d at 247, 763 N.E.2d at 861.
After acknowledging the plea agreement between the parties, the trial court in Bouie stated it would leave its "'options open'" as to punishment in the event that the defendant did not appear at his sentencing hearing. Bouie, 327 Ill. App. 3d at 245, 763 N.E.2d at 859.
The trial court then asked if that created "'a problem for anyone,'" and the attorneys for the State and defendant stated it did not. Bouie, 327 Ill. App. 3d at 245, 763 N.E.2d at 859.