This case presents question as to whether defendant was entitled to new trial on armed robbery charges, where prior to trial court’s acceptance of defendant’s waiver of trial counsel, trial court had incorrectly told defendant that he faced potential 60-year maximum term of incarceration when defendant actually faced 75-year maximum term. Appellate Court, in reversing defendant’s conviction, found that trial court’s understatement of maximum prison term rendered his waiver of right to counsel unknowing and involuntary. In its petition for leave to appeal, govt. noted that defendant had received 50-year sentence and argued that: (1) any understatement of defendant’s maximum penalty did not prejudice or mislead defendant; and (2) record showed that trial court had substantially complied with Rule 401.
Illinois Supreme Court PLAs
Criminal Court
Right to Counsel