People v. Caban

In December 1996, a grand jury indicted defendant Felix Caban, Jr., for first degree murder. In October 1998, pursuant to a plea agreement, the trial court sentenced defendant to 52 years’ imprisonment. Two days later, the State moved to vacate the plea and sentence, arguing that defendant’s sentence did not conform to statutory guidelines set forth in section 5 — 8—1(a)(1)(c) (ii) of the Unified Code of Corrections (Code of Corrections) (730 ILCS 5/5 — 8—l(a)(l)(c)(ii) (West 1998)). The trial court granted the State’s motion. Defendant then filed a motion to dismiss, arguing that trial would…