PEOPLE v. COMPANY

No. 5-06-0327.

876 N.E.2d 1055 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Derris COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

July 25, 2007.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Larry R. Wells, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

Robert Haida, St. Clair County State's Attorney, Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Patrick D. Daly, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.


Justice STEWART delivered the opinion of the court:

On January 23, 2006, pursuant to a fully negotiated plea, the defendant pled guilty to a home invasion charge (720 ILCS 5/12-11(a)(1) (West 2002)) in exchange for the dismissal of a first-degree murder charge (720 ILCS 5/9-1(a)(1) (West 2002)). The State and the defendant jointly recommended a sentence of 15 years' incarceration in the Illinois Department of Corrections. The court dismissed the murder charge, entered...

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