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The People of the State of Illinois v. Anthony Williams

November 20, 2012

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
ANTHONY WILLIAMS,
DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Du Page County. No. 10-CF-2887 Honorable Daniel P. Guerin, Judge, Presiding.

The opinion of the court was delivered by: Justice Schostok

JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. Justices McLaren and Zenoff concurred in the judgment and opinion.

OPINION

¶ 1 Defendant, Anthony Williams, pleaded guilty to retail theft (720 ILCS 5/16A-3(a) (West 2010)). Following the denial of his motion to withdraw his plea, defendant timely appealed. He argues that he should be allowed to withdraw his plea, because the trial court, when admonishing defendant concerning the sentencing range, erroneously admonished him that he was eligible to elect treatment under section 40-5 of the Alcoholism and Other Drug Abuse and Dependency Act (the Act) (20 ILCS 301/40-5 (West 2010)), if given probation (commonly referred to as Treatment Alternatives to Street Crime or "TASC" probation). For the reasons that follow, we affirm.

¶ 2 I. BACKGROUND

¶ 3 Defendant was indicted on two counts of retail theft (720 ILCS 5/16A-3(a) (West 2010)). The indictment alleged that defendant knowingly took possession of watches with a retail value in excess of $150 from Macy's with the intent to deprive Macy's permanently of the benefit of the watches without paying for the watches. Count I was charged as a Class 3 felony (720 ILCS 5/16A-10(3) (West 2010)), and count II was charged as a Class 4 felony (720 ILCS 5/16A-10(2) (West 2010)).

¶ 4 On March 10, 2011, defendant petitioned for election of treatment under section 40-5 of the Act (20 ILCS 301/40-5 (West 2010)). In response, the trial court ordered that defendant be evaluated for a determination of whether he is an addict or alcoholic and the likelihood of his being rehabilitated through treatment.

¶ 5 On April 20, 2011, defendant pleaded guilty to count I and the State nol-prossed count II. The trial court admonished defendant as follows regarding sentencing:

"THE COURT: As charged, that's a Class 3 felony. That means it carries with it a possible penalty of a term of conditional discharge or probation for up to a period of 30 months, at the minimum end of the sentence, or 18 months of periodic imprisonment or between 2 to 5 years in the Illinois Department of Corrections and a $25,000 fine, at the maximum end of the sentence.

That is the possible-that is the standard range of penalty for the offense; do you understand?

THE DEFENDANT: Yes, Your Honor.

THE COURT: Because of your prior criminal history that was just recited, you are eligible for an extended term sentence on this charge, which means you are eligible for between two to ten years in the Illinois Department of Corrections; do you understand?

THE DEFENDANT: Yes, Your Honor.

THE COURT: Any Illinois Department of Corrections sentence, if one were to be imposed, would carry with it a period of one year mandatory supervised release, that you would have to serve after any ...


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