People v. Holloway

(Modified upon denial of rehearing 1/30/15.) Defendant's conviction for unlawful use of a weapon by a felon, entered upon his entry of guilty plea, must be vacated. Trial court never explained terms of plea to Defendant prior to court's acceptance of guilty plea. Contrary to specific requirements of Supreme Court Rule 402, all terms of plea agreement were not stated in open court, and court did not terms of plea agreement by questioning Defendant. Prior to accepting plea, trial court should have explained to Defendant that defense counsel's statement as to terms of plea was contrary to what was described in Rule 402 conference.(PALMER and REYES, concurring.)