45 Ill. App. 3d 428 - People v. Bryant’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““By negotiating and entering into a negotiated plea of guilt the defendant agreed that in consideration for the State dismissing certain other criminal charges he would (1) enter a plea of guilt to the remaining criminal charges and (2) accept whatever punishment the court might see fit to impose. In other words for the State’s dismissing the other criminal charges he agreed to two things, and now seeks to be released from the latter leaving only the former stand as consideration for the State’s dismissals. Obviously by failing to negotiate a recommended sentence or a particular sentence or sentences both the State and defendant intended the bargain to include defendant accepting whatever sentence, including probation, that the trial court, had power to, and would see fit to, impose, and the State likewise accepting any such sentence imposed. The State, of course, is bound by the agreement and would remain so bound as to its part of the agreement were defendant allowed to appeal only from the sentence without moving to withdraw his plea, which would result in the People receiving less than they had bargained. Since the People are bound by all the bargains made we see no reason why defendant should not be bound to all the bargains. We would not tolerate the State prosecuting defendant on one of the charges which it had agreed to dismiss without defendant being released from his bargain to plead guilty and accept the sentence imposed. Likewise, we will not allow defendant to br”

   1 later decision quote this exact passage · from the dissent
   e.g. 47 Ill. App. 3d 206 - People v. Edwards