People v. Gardner

Defendant, Kirby Gardner, originally pleaded guilty to the charge of rape in the circuit court of Marion County, based on plea negotiations calling for the dismissal of other charges and a sentence of three to 12 years imprisonment thereon. The trial court accepted the plea and entered judgment and sentence accordingly. On appeal to this court (People v. Gardner, 22 Ill. App. 3d 203, 317 N.E.2d 316), we reversed the judgment, holding that the trial court was without power to impose the minimum sentence agreed upon since the statutory minimum term for rape must be no less than four years.

On…