People v. Diaz

At issue in this appeal is whether a defendant must withdraw his guilty plea prior to challenging his sentence where, in exchange for pleading guilty, the State dismissed charges against defendant, agreed that defendant’s sentences would be served concurrently, and agreed not to seek extended-term sentences. A majority of the appellate court applied this court’s decision in People v. Evans, 174 Ill. 2d 320, 332 (1996), and held that because the State did not agree to recommend a specific sentence to the trial court as part of the plea bargain, defendant was not required to file a motion to…