The trial court imposed three concurrent terms of nine years for the two batteries and the possession charge. The appellate court had vacated these sentences as unauthorized by statute and remanded for resentencing. In this decision, the supreme court affirmed the appellate court. Statute requires that consecutive terms be imposed for a second separate felony committed while on pretrial release. Thus, the sentences for the two felonies of battery should not have been concurrent.
Statute also provides that the maximum available extended term for the drug offense is six years.
The court noted that issues such as these, which involve the statutory authority for sentences, are not waived by the defendant's failure to move to withdraw his guilty plea and vacate the judgment. The appellate court's judgment and its remand for resentencing were affirmed.