People v. Mitchell

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2016 IL App (2d) 140057
Decision Date: 
Tuesday, March 8, 2016
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated and remanded.
Justice: 
BIRKETT

Court denied Defendant's motion to withdraw his negotiated guilty plea to possession of a controlled substance and resisting a peace officer. Counsel was initially appointed for Defendant, but Defendant later waived his right to counsel. Whether Defendant revoked his waiver of right to counsel, and thus whether trial judge was obligated to reappoint counsel, is not clear from the record. Judge did not suggest appointing a different attorney within the public defender's office, and focus of Defendant's dissatisfaction was with the assistant public defender appointed to him. (SCHOSTOK and ZENOFF, concurring.)