People v. Bahena
Case Date: 04/23/1998
Court: 2nd District Appellate
Docket No: 2-96-1166
________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ________________________________________________________________ THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Lake County. ) Plaintiff-Appellee, ) No. 96--CF--1222 ) v. ) ) Honorable OCTAVIO BAHENA, ) Christopher C. Starck and ) Victoria A. Rossetti, Defendant-Appellant. ) Judges, Presiding. ________________________________________________________________ PRESIDING JUSTICE GEIGER delivered the opinion of the court: The defendant, Octavio Bahena, appeals the order of the circuit court of Lake County denying his motion to reconsider his sentence. The defendant contends that (1) the trial court failed to admonish him that he had to move to withdraw his guilty plea in order to challenge his sentence and (2) the extended-term sentence the court imposed was an improper double enhancement. A grand jury indicted the defendant for defacing the identification marks on a firearm (720 ILCS 5/24--5(a) (West 1996)) and the unlawful possession of a weapon by a felon (720 ILCS 5/24-- 1.1(a) (West 1996)). On June 26, 1996, the defendant pleaded guilty to the unlawful possession charge. In exchange, the State agreed to a sentence cap of nine years imprisonment and to dismiss the remaining count. The presentence report revealed that the defendant had a single prior conviction of armed violence in 1992. At the sentencing hearing, the State requested a seven-year prison sentence, which is an extended term for a Class 3 felony. The defendant urged the court not to impose an extended term. The court sentenced the defendant to 7 |