People v. Bahena

I disagree with the majority’s holding that a defendant need only file a motion to reconsider sentence and is not required to move to withdraw his guilty plea where the trial court exercised any discretion in imposing the sentence. In support of this holding, the majority maintains that Evans left open the question of the proper procedure to be followed where a defendant enters a partially negotiated guilty plea. I disagree.

In Evans, our supreme court spoke in terms of “open guilty pleas,” that is, where “defendants pled guilty without receiving any promise from the State in return.” Evans,…