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PEOPLE v. DELVILLAR

No. 106909.

922 N.E.2d 330 (2009)

235 Ill.2d 507

The PEOPLE of the State of Illinois, Appellant, v. Leobardo DELVILLAR, Appellee.

Supreme Court of Illinois.

December 17, 2009.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Richard A. Devine and Anita Alvarez, State's Attorneys, Chicago (James E. Fitzgerald, Annette Collins and Mary L. Boland, Assistant State's Attorneys, of counsel), for the People.

Abishi C. Cunningham, Jr., Public Defender, Chicago (Michael Davidson, of counsel), for appellee.

Scott D. Pollock, Kathryn R. Weber, and Christina J. Murdoch, of Scott D. Pollock & Associates, P.C., and Stephen L. Tyma, all of Chicago, for amici curiae Chicago Chapter of the American Immigration Lawyers Association et al.

OPINION

Justice GARMAN delivered the judgment of the court, with opinion.

Defendant, Leobardo Delvillar, was charged with several weapons violations. Defendant agreed to plead guilty to one count of aggravated unlawful use of a weapon by a felon in return for a sentence recommendation. Defendant later filed a motion to withdraw his guilty plea on the grounds that he is a resident alien, and not a United States citizen, and that the circuit court failed to...

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