People v. Bernard

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2014 IL App (2d) 130924
Decision Date: 
Wednesday, December 10, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated and remanded.
Justice: 
McLAREN
(Modified upon denial of rehearing 2/10/15.) Trial court and State appeared to be confused as to status of Defendant's prior motions and court's disposing of them, in making decision to deny Defendant's Motion to Withdraw Guilty Plea. Case remanded for new hearing, returning to trial court as it existed when Defendant was initially sentenced for reckless homicide and DUI (cannabis). Defendant to be granted reasonable time to file new motion to withdraw guilty plea and/or reconsider sentence, if counsel determines new motion is needed. (BURKE and JORGENSEN, concurring.)