Docket No. 106909.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
LEOBARDO DELVILLAR, Appellee.
Opinion filed December 17, 2009.
JUSTICE GARMAN delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Thomas, Karmeier, and
Burke concurred in the judgment and opinion.
Justice Freeman specially concurred, with opinion.
Justice Kilbride specially concurred, 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 admonish him
of the potential immigration consequences of his plea. The circuit
court denied defendant’s motion. The appellate court reversed and
remanded for further proceedings. 383 Ill. App. 3d 80. The State then