People v. Colin

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2015 IL App (1st) 132264
Decision Date: 
Tuesday, September 15, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
PIERCE
Defendant pled guilty to first degree murder and was sentenced to 53 years. Prosecutor and defense counsel both failed to comply with Rule 402, by failing to fully and completely inform court of terms of plea agreement. Omission was cured by hearing under Rule 604(d) to vacate or reopen plea proceeding, when court took testimony on issues that Defendant claimed affected his initial plea in hearing on motion to vacate, and court concluded that original plea was not involuntary or coerced. (NEVILLE and SIMON, concurring.)