People v. Stewart

Although I agree with my brothers’ decision regarding defendant’s first claim on appeal (inadequate factual basis for the guilty plea), I disagree with their conclusion that the trial court did not err in setting aside its original sentence and resentencing defendant. My brothers apparently read that portion of the Gillespie statement of the general rule that says "authority of the trial judge * * * ceases when * * * the respondent enters upon his imprisonment” to mean that the trial court loses authority to modify a sentence only *534where the defendant has actually been incarcerated. I do not,…