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02/26/97 PEOPLE STATE ILLINOIS v. CHRISTOPHER

February 26, 1997

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
CHRISTOPHER JOHNSON, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Kane County. No. 93--CF--819. Honorable Barry E. Puklin, Judge, Presiding.

Released for Publication March 26, 1997. Rule 23 Order Redesignated Opinion and Ordered Published on Denial of Rehearing February 26, 1997.

The Honorable Justice Bowman delivered the opinion of the court. Inglis and Rathje, JJ., concur.

The opinion of the court was delivered by: Bowman

The Honorable Justice BOWMAN delivered the opinion of the court:

Defendant, Christopher Johnson, appeals the trial court's order denying his motion to reconsider sentence. The court conducted a new hearing on the motion after this court reversed the trial court's previous order because defense counsel failed to comply with Supreme Court Rule 604(d). Defendant contends that (1) the court erred in refusing to consider evidence of his good behavior in prison while the prior appeal was pending and (2) he is entitled to 421 days' credit against each of his four consecutive sentences.

Defendant was charged by indictment with 10 counts of armed robbery (720 ILCS 5/18--2 (West 1994)), 14 counts of robbery (720 ILCS 5/18--1 (West 1994)), and one count of attempted robbery. However, one count of armed robbery and one count or robbery were deleted from the indictment.

On May 2, 1994, defendant pleaded guilty to one count of armed robbery in exchange for the State striking the words "with a gun" from the indictment. Two additional counts were dismissed as lesser included offenses.

On July 13, 1994, the State agreed to dismiss 13 charges which were subject to a pending appeal in exchange for defendant's agreement to plead guilty to 5 counts of armed robbery, 1 count of robbery and 1 count of attempted robbery. There was no agreement concerning the sentence.

The court sentenced defendant to four consecutive six-year terms of imprisonment for four robberies in which a gun was used. The court ordered these sentences to be served concurrently with two concurrent six-year terms for armed robbery, one three-year term for robbery, and one two-year term for attempted robbery.

Defendant filed a motion to reconsider the sentences. The court denied the motion and defendant appealed.

This court reversed, finding that defense counsel had failed to file the certificate required by Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d)). People v. Johnson, No. 2--94--1079 (June 13, 1995) (unpublished order under Supreme Court Rule 23). This court remanded the cause to the trial court to conduct a new hearing on the motion to reconsider sentence.

Following remand, defense counsel filed the required certificate and the court conducted a new hearing. Defense counsel asked the court to consider evidence of defendant's "positive accomplishments" in prison while the first appeal was pending. The court refused to allow such evidence. The court denied the motion to reconsider and defendant filed this appeal.

Defendant contends that the trial court erred in refusing to consider evidence of his accomplishments in prison during the pendency of the first appeal. The State initially responds that we lack jurisdiction to hear this appeal because a defendant may not move to reconsider a sentence imposed pursuant to a partially negotiated guilty plea. Alternatively, the State contends that, at a hearing on a motion to reconsider sentence, the court should consider only evidence which was available at the time of the original sentencing hearing. Because defendant's proffered evidence related to events occurring after his sentencing hearing, the court properly refused it.

Noting that it agreed to dismiss several charges in exchange for defendant's guilty plea to the remaining counts, the State argues that defendant was thereby precluded from filing a motion to reconsider his sentence. The State relies on People v. Evans, 174 Ill. 2d 320, 220 Ill. Dec. 332, 673 N.E.2d 244 (1996), in which the supreme court held that "following the entry of judgment on a negotiated guilty plea, even if a defendant wants to ...


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