PEOPLE v. BERRIOS

No. 3-07-0548.

902 N.E.2d 141 (2009)

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Ralph L. BERRIOS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied February 18, 2009.


Attorney(s) appearing for the Case

Jay Wiegman (Court-appointed), Office of the State Appellate Defender, Ottawa, for Ralph L. Berrios.

Terry A. Mertel, Deputy Director, Thomas D. Arado, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, for the People.


Justice LYTTON delivered the opinion of the court:

Defendant, Ralph Berrios, plead guilty to two counts of aggravated battery with a firearm (720 ILCS 5/12-3(a)(1) and 5/12-4.2(a)(1) (West 2002)). Four years later, he filed a pro se motion for relief from judgment, alleging that his sentence was void and his constitutional right to due process and fundamental fairness was violated because he had not been informed that a 3-year mandatory supervised release ...

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