People v. Brexton

Defendant, James A. Brexton, was convicted of burglary (720 ILCS 5/19 — 1(a) (West 2006)) and sentenced to seven years’ imprisonment after withdrawing a guilty plea to felony retail theft for which he was sentenced to five years’ imprisonment. Defendant argues that his burglary conviction should be vacated because: (1) the State’s act of charging him with burglary after he withdrew his guilty plea constituted prosecutorial vindictiveness; (2) he relied upon the admonishments of Supreme Court Rules 605(b)(3) and (b)(4) (210 Ill. 2d Rs. 605(b)(3), (b)(4)), which did not warn him of the State’s…