from the Circuit Court of McHenry County. No. 11-CF-1235
Honorable Michael W. Feetterer, Judge, Presiding.
JUSTICE BIRKETT delivered the judgment of the court, with
opinion. Justices Hutchinson and Zenoff concurred in the
judgment and opinion.
1 Defendant, Armando Ferral-Mujica, appeals from an order of
the circuit court of McHenry County denying his motions to
withdraw his guilty plea and reconsider his sentence.
Defendant argues that the trial court erred in denying his
motions, where he pleaded guilty in reliance on his
counsel's representation that the trial court expressly
stated during an Illinois Supreme Court Rule 402 (eff. July
1, 2012) conference that it would sentence defendant to a
prison term between 8 and 12 years. For the reasons that
follow, we affirm.
2 I. BACKGROUND
3 On December 22, 2011, defendant was indicted on two counts
of attempted first-degree murder (720 ILCS 5/8-4(a),
9-1(a)(1) (West 2010)), one count of aggravated battery by
discharging a firearm (720 ILCS 5/12-3.05(e)(1) (West 2010)),
two counts of armed violence (720 ILCS 5/33A-2(a) (West
2010)), one count of aggravated discharge of a firearm (720
ILCS 5/24-1.2(a)(2) (West 2010)), and three counts of
aggravated battery (720 ILCS 5/12-3.05(a)(1), (c), (f)(1)
4 The record reflects that the parties engaged in plea
negotiations. On August 15, 2012, defense counsel, Daniel
Hofmann, informed the trial court that a plea offer had been
extended and he requested a continuance to consider the
5 On October 24, 2012, defendant authorized Hofmann to
participate in a conference pursuant to Illinois Supreme
Court Rule 402(d) (eff. July 1, 2012) with the State and
Judge Gordon Graham.
6 On November 29, 2012, the defense requested a one-week
continuance. The State announced that it had no objection to
one week but asked that it be the final continuance, because
"the offer has been the same for a few months now. The
defense has [sic] ample time to consider it. And if
he's not inclined to accept it, we'd rather not delay
any further but set the case for trial."
7 On December 6, 2012, defendant appeared in court. Hofmann
advised the court:
"MR. HOFMAN [sic]: Your Honor, this is Mr.
Armando Ferral-Mujica. He's here to present a resolution
of the matters currently pending before you.
Where we are at is that he's going to admit the
allegations in count III of the bill of indictment. He would
plead guilty to the charge of aggravated battery, a Class X
He knows he's facing a minimum of six to thirty years in
prison on that offense, with a good time credit of 4.5 days
for each month spent in custody. This would be a blind
8 The factual basis for the plea established that, on a
December evening in 2011, Jesus Agaton, the victim, was
approached from behind by two Hispanic males-defendant and
his brother-in the vestibule of his apartment building. One
of the individuals was holding a machete and the other was
holding a handgun. A struggle ensued and eventually moved to
the parking lot. The man with the machete struck Agaton in
the head and neck. At one point, the man with the machete
accidently struck the other assailant. The man with the gun
shot Agaton in the chest. The bullet did not penetrate the
chest cavity, and Agaton survived. A wallet containing
defendant's identification was found in the parking lot.
Later that evening, defendant was seen with blood on his
shirt, and his brother's head was bleeding.
9 Hofmann stipulated to the factual basis. Based on the
stipulation, the trial court found the facts sufficient for a
finding of guilty. Thereafter, the following colloquy
"THE COURT: ***
Sir, do you understand on your plea of guilty, you are
pleading guilty to a charge that calls for penalties of six
to thirty years in the penitentiary, and because it's
alleged that there was a firearm that was used, that you
would need to serve 85 percent of any sentence that is
Do you understand that?
THE DEFENDANT: (By Interpreter) ...