People v. Walton

In this consolidated appeal, we are asked to determine whether the failure of a trial court to consider a defendant’s criminal history before it accepts a negotiated guilty plea allows the defendant to replead. We hold that while a defendant may obtain a new sentencing hearing in such a situation, his guilty plea stands.

I. BACKGROUND

Defendant, Kevin G. Walton, was charged in three separate indictments with four counts of armed robbery (720 ILCS 5/18 — 2(a)(1) (West 2002)) (case No. 02 — CF—2498); two counts of attempted armed robbery (720 ILCS 5/8 — 4(a), 18 — 2(a)(1) (West 2002)) and one…