People v. Baker

Defendant was charged with 2 counts of domestic battery. Defendant pled guilty to the more serious charge, and entered a fully negotiated plea.. Six days later, Defendant appeared pro se and told court he wished to withdraw his guilty plea, and later filed timely pro se motion to withdraw his plea. On several more occasions, Defendant appeared without counsel, each time asking to withdraw his guilty plea. Court failed to comply with Rule 604(d) in failing to determine whether Defendant had legal representation until after the hearing when court denied his motion. Defendant's comments during postplea proceedings indicated he was unaware of his right to postplea counsel. (CARTER and O'BRIEN, concurring.)