People v. Boyd

Charge

Aggravated battery in violation of section 12 — 4(b)(1) of the Criminal Code (Ill. Rev. Stat., ch. 38, par. 12 — 4(b)(1)), a Class 3 felony.

Judgment

On defendant’s plea of guilty, the court imposed a sentence of 2 to 6 years.

Points Raised on Appeal

Defendant’s guilty plea was rendered involuntary by the unfair manner in which the State’s attorney executed his promise to recommend a sentence of 1 to 3 years. It was done with such lack of advocacy as to have been a meaningless formal gesture not in compliance with good faith requirements that plea bargaining presupposes. The absence of…