Does Limited Admonition of Facts Violates of Due Process Entering a Fully Negotiated Plea ?
In People v. Company, 376 Ill. App. 3d 846, 876 N.E.2d 1055, 315 Ill. Dec. 465 (2007), this court established that the mention of mandatory supervised release by a trial court when advising a defendant of the possible results of a trial does not provide due process to a defendant entering a fully negotiated plea. People v. Company, 376 Ill. App. 3d 846, 850, 876 N.E.2d 1055, 1058, 315 Ill. Dec. 465 (2007).
Indeed, this court suggested that such a limited admonition was a clearer violation of due process.
"While Whitfield involved no mandatory-supervised-release admonishment, in this case the trial court did mention mandatory supervised release.
Arguably, however, the defendant in this case has a stronger argument than the defendant in Whitfield.
Here, the trial court admonished the defendant that he would be subject to a term of mandatory supervised release if convicted at a trial but that, under the plea agreement, instead of the possible sentences available upon conviction, he would receive the agreed sentence of 15 years, with no mention of mandatory supervised release." Company, 376 Ill. App. 3d at 850, 876 N.E.2d at 1058.