Opinion

People v. Boyt

  • 129 Ill. App. 3d 1
  • 84 Ill. Dec. 131
  • 471 N.E.2d 897
  • 1984 Ill. App. LEXIS 2537
Court
Appellate Court of Illinois
Filed
Oct 15, 1984
Status
Published
Author
Reinhard
On the bench
Unverzagt, Reinhard, Reinhakd
Cited by
10 cases
Authority
More cited than 10.0%

The opinion

JUSTICE REINHARD, specially concurring:

Even assuming the State broke a plea agreement with the defendant, no plea of guilty was entered by defendant here in reliance thereon, and defendant has not shown under the facts here any other violation of his constitutional right to due process under the Federal or State constitutions or any violation of State law. I believe this case to be controlled by Mabry v. Johnson (1984), 467 U.S__, 81 L. Ed. 2d 437 , 104 S. Ct. 2543 , and the majority’s extensive analysis of contract law and much of its other discussion on this issue is unnecessary and somewhat confusing in the light of the holding in Mabry. I therefore concur only in the result for the reason stated herein.

I do, however, concur with that portion of the analysis in the majority opinion which denies the defendant’s motion to dismiss the State’s appeal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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