People v. Thomas

Defendant, James Thomas, appeals from the trial court’s denial of his postconviction petition and his motion to reconsider his sentence. We reverse and remand for further proceedings.

On April 22, 1991, defendant entered a partially negotiated plea of guilty to a reduced charge of residential burglary (Ill. Rev. Stat. 1991, ch. 38, par. 19 — 3(a) (now 720 ILCS 5/19 — (3)(a) (West 1996))). No agreement was reached regarding the sentence to be imposed. In August 1991, defendant filed a motion to withdraw his plea, alleging that his trial counsel had advised him that only his prior conviction…