People v. Lumzy

The State appeals from a decision by the appellate court which permitted defendant to appeal the length of his prison sentence without first filing a motion to withdraw his guilty plea. We affirm.

BACKGROUND

On June 10, 1997, defendant was charged with the offenses of aggravated battery and robbery. On June 23, 1997, defendant pled guilty to robbery in exchange for the State’s dismissal of the aggravated battery charge. The circuit court of Lee County sentenced defendant to seven years in prison.

On August 1, 1997 defendant’s attorney filed a motion to reconsider defendant’s sentence. Defendant…