What Is Difference Between ''open Plea'' and ''negotiated Plea'' ?
One of the issues on appeal to the supreme court was whether the defendant's plea constituted an "open plea" as opposed to a "negotiated plea":
In People v. Clark, 183 Ill. 2d 261, 233 Ill. Dec. 331, 700 N.E.2d 1039 (1998), the defendant was charged with one count of home invasion.
However, during the time the defendant was released on his own recognizance, he committed other offenses in the State of Missouri and received a term of imprisonment there.
The defendant and the State then entered into an agreement whereby the defendant would plead guilty to a charge of home invasion; in exchange, the State agreed to recommend a six-year term of imprisonment to the trial court.
The only question left unresolved was whether the defendant would be subject to a statutorily mandated consecutive sentence.
The trial court ultimately determined that the particular statute mandated a sentence that was consecutive to the defendant's sentence imposed by the court in Missouri.
The defendant filed a motion to reconsider, contending that the particular statute did not mandate consecutive sentencing; the trial court denied the defendant's motion.
Although the defendant failed to file a motion to withdraw his guilty plea, the supreme court addressed the merits of his appeal.
One of the issues on appeal to the supreme court was whether the defendant's plea constituted an open plea as opposed to a negotiated plea.
The supreme court determined that, because the defendant's plea was given in exchange for a specific sentence, it was a fully negotiated plea, regardless of whether the statute mandated a consecutive sentence. Clark, 183 Ill. 2d at 268.
Ultimately, though, the Clark court remanded the matter because the trial court erroneously instructed the defendant regarding the proper postplea motion he should file.