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PEOPLE v. DIAZ

No. 85444.

735 N.E.2d 605 (2000)

192 Ill.2d 211

249 Ill.Dec. 1

The PEOPLE of the State of Illinois, Appellant, v. Jose DIAZ, Appellee.

Supreme Court of Illinois.

August 10, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, of Springfield, and David R. Akemann, State's Attorney, of St. Charles (Joel D. Bertocchi, Solicitor General, William L. Browers and Mary Beth Burns, Assistant Attorneys General, of Chicago, and Norbert J. Goetten and Martin P. Moltz, of the Office of the State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People.

G. Joseph Weller, Deputy Defender, and Linda A. Johnson, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellee.

Justice McMORROW delivered the opinion of the court:

At issue in this appeal is whether a defendant must withdraw his guilty plea prior to challenging his sentence where, in exchange for pleading guilty, the State dismissed charges against defendant, agreed that defendant's sentences would be served concurrently, and agreed not to seek extended-term sentences. A majority of the appellate court applied this court's decision in People v. Evans,

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