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PEOPLE v. WALTON

Nos. 2-03-1182 to 2-03-1184.

829 N.E.2d 396 (2005)

357 Ill. App.3d 819

293 Ill.Dec. 813

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Kevin G. WALTON, Defendant-Appellant. (Three Cases).

Appellate Court of Illinois, Second District.

May 18, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Linda A. Johnson (Court-appointed), Office of the State Appellate Defender, Elgin, for Kevin G. Walton in No. 2-03-1182.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-03-1182.

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, for Kevin G. Walton in Nos. 2-03-1183 and 2-03-1184.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, for the People in Nos. 2-03-1183 and 2-03-1184.

Justice BOWMAN delivered the opinion of the court:

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...

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