People v. Grigalanz

Illinois Appellate Court
Criminal Court
Motion to Withdraw Guilty Plea
Citation
Case Number: 
2022 IL App (4th) 210468
Decision Date: 
Monday, June 27, 2022
District: 
4th Dist.
Division/County: 
Jersey Co.
Holding: 
Vacated and remanded.
Justice: 
HARRIS

On remand from a prior appeal, defendant filed an amended motion to withdraw guilty plea, arguing the trial court failed to substantially comply with SCR 402 before accepting his guilty plea. The trial court denied the motion, finding that defendant had waived the argument by failing to include it in his initial motion to withdraw guilty plea. The appellate court found that that the defendant did not forfeit his Rule 402 claim and remanded for a new hearing on the amended motion. (DeARMOND and HOLDER WHITE, concurring)