Legal Opinion · Dissent

People v. Davis

Appellate Court of Illinois

Decided October 25, 1990No. 4-90-0093Published

1DissentJustice McCULLOUGH

One definition of dissent is not to approve and I strongly disapprove of the findings of the majority.

The essential part of the defendant’s motion to withdraw his plea of guilty states:

“If defendant had been informed that he did not qualify for TASC, he would not have pled guilty for an open sentence on September 19, 1989.”

Regardless of the statements of the TASC worker, defendant should be charged with knowledge of the law, that he was not eligible. The trial court had no responsibility or obligation to give any credence at all to the agreement between the State’s Attorney and the defendant.…

2Cases cited2 opinions

  1. People v. HaleIllinois Supreme Court · 1980
  2. People v. TurnerAppellate Court of Illinois · 1985

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