¶ 27 If the plea is not negotiated as defined by Rule 604(d), "the defendant and the State are free to argue for any sentence permitted by statute, and the circuit court exercises its full discretion in determining the sentence to be imposed." People v. Gooch, 2014 IL App (5th) 120161, ¶ 18, 18 N.E.3d 175 (citing People v. Lumzy, 191 Ill.2d 182, 185, 730 N.E.2d 20, 21-22 (2000)). In those circumstances, Rule 604(d) does not require a defendant to withdraw the guilty plea but allows that defendant to file a motion to reconsider the sentence.

The weight given to any aggravating factor, however, is a matter of the trial court's sound discretion and will not be disturbed absent an abuse of that discretion. People v. Gooch, 2014 IL App (5th) 120161, ¶ 11, 18 N.E.3d 175.

binding recommended cap, defendant sentenced within the cap); People v. Knade, 2020 IL App (4th) 180428-U (plea to all charges, binding recommended cap, sentenced within the cap); People v. Sellner, 2012 IL App (4th) 100335-U (plea to all charges, binding recommended cap, sentenced within the cap); People v. Marks, 2020 IL App (4th) 180810-U (dismissal of charges, binding recommended cap, sentenced to cap); People v. Randle, 2019 IL App (4th) 160899-U (dismissal of charges, binding recommended cap was defendant's sentence). ¶ 19 In People v. Gooch, 2014 IL App (5th) 120161, 18 N.E.3d 175, for example, the Fifth District, à la Lumzy, said a defendant did not have to move to withdraw his plea where the State agreed to dismiss certain counts that exposed defendant to greater sentences, but there was no agreement or negotiation as to his sentence. Examining Evans, Diaz, and Lumzy, the court concluded, "[w]here the record is clear that no agreement existed between the parties as to defendant's sentence, a defendant is not required to withdraw his guilty plea before challenging his sentence."

People v. Mauricio, 2014 IL App (2d) 121340, ¶ 15, 380 Ill.Dec. 20, 7 N.E.3d 883. The weight given to any aggravating factor, however, is a matter of the trial court's sound discretion and will not be disturbed absent an abuse of that discretion. See People v. Gooch, 2014 IL App (5th) 120161, ¶ 11, 385 Ill.Dec. 175, 18 N.E.3d 175. Aggravated domestic battery (720 ILCS 5/12–3.3(a) (West 2010)) is committed when “[a] person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement.”

Whether a court relied on an improper factor at sentencing is a question of law that we review de novo.People v. Mauricio, 2014 IL App (2d) 121340, ¶ 15, 380 Ill.Dec. 20, 7 N.E.3d 883. The weight given to any aggravating factor, however, is a matter of the trial court's sound discretion, and will not be disturbed absent an abuse of that discretion. See People v. Gooch, 2014 IL App (5th) 120161, ¶ 11, 385 Ill.Dec. 175, 18 N.E.3d 175. Aggravated domestic battery (720 ILCS 5/12–3.3(a) (West 2010)) is committed when “[a] person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement.”