People v. Molina

On September 19, 1997, defendant entered a plea of guilty for his role in the murder of Aaron Love in exchange for a 25-year sentence of imprisonment. Although the plea was fully negotiated, during the proceedings the trial court did not advise defendant that he would be subject to a three-year period of mandatory supervised release (MSR) following his 25-year sentence. Defendant did not file a motion to withdraw his plea nor did he file a direct appeal.

On July 18, 2005, defendant filed a petition under section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 2004)) seeking…