Illinois Appellate Court
Criminal Court
Child Support
Defendant entered blind plea of guilty to offense of failure to support, a Class 4 felony, under Non-Support Punishment Act, and was sentenced to 18 months imprisonment and ordered to pay restitution of $85,802. Prejudice from Defendant's inadequate guilty plea admonishments was compounded by court's ex parte denial of Defendant's motion to reconsider sentence, and thus plea must be vacated. Court did not mention, in plea hearing, that restitution or a fine could be ordered, although restitution is an indispensable element of the offense, and must be ordered upon conviction. Court was required to admonish Defendant of the spectrum of potential consequences of his plea, including restitution. (FITZGERALD SMITH and HOWSE, concurring.)