People v. Heddins

MR. JUSTICE DOOLEY,

specially concurring:

I agree with the result reached by the majority. However, this case makes manifest the necessity for nonjudicial participation in the negotiations inherent in plea bargaining.

Here the trial court was telling the prosecutor what should be the terms of the plea bargain. This was error. The power of a court in plea bargaining is to accept or reject the particular bargain agreed upon by the parties. Rule 402(d) of this court (58 Ill. 2d R. 402(d)) prohibits the trial judge from initiating plea discussions. It further limits the power of the trial judge to…