People v. Curry

Court accepted Defendant's fully negotiated plea agreement: pleading guilty to 1 count of aggravated DUI, charged as a Class 2 felony, in exchange for 24 months probation and dismissal of remaining charges. State filed petition to revoke probation, alleging that Defendant violated terms of probation. Court failed to substantially comply with Rule 401(a)(a) in accepting his admission to contents of petition to revoke probation. Court failed to advise him that he had a right to present witnesses and evidence at hearing on petition to revoke and that State had burden of proving alleged violation by preponderance of the evidence, and that he had right to assistance of an attorney at hearing.Court failed to ascertain that Defendant understood the sentencing range. Remanded with directions that court admonish Defendant in substantial compliance with Rule 402A, allow Defendant to withdraw his admission to petition to revoke probation, and hold further probation revocation proceedings as necessary.(SCHMIDT and CARTER, concurring.)