Defendant pled guilty to robbery. Court denied his motion to withdraw his guilty plea. Court denied Defendant's right to counsel when appointed counsel participated only by telephone at the hearing at which Defendant was arraigned and was allowed to proceed pro se. Just before court was going to give Defendant admonishments, the prosecutor interrupted and said that he wanted to file an amended information. Defendant needed to be arraigned on the amended information, of which Defendant and his counsel did not have advance notice. At this critical stage of the prosecution, presence of counsel on speakerphone, without opportunity for confidential communication with the client, deprived Defendant of his sixth amendment right to counsel. (O'BRIEN and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel