People v. Gaines

Court, sua sponte, vacated Defendant's negotiated guilty plea in response to several comments made by Defendant. Defendant was later convicted, after bench trial, of felony criminal trespass to a residence and domestic battery. Appellate court reversed, finding that jeopardy had attached when circuit court accepted Defendant's guilty plea and that circuit court abused its discretion in vacating guilty plea. Judge did not abuse his discretion in vacating the guilty plea sua sponte.Defendant's wholesale repudiation of the factual basis indicated a misunderstanding of the consequences of pleading guilty. Court had good reason to doubt the truth of the plea, and thus the court need not have obtained the parties' consent to vacate the plea.The bench trial did not offend the bar against double jeopardy. (A. BURKE, KILBRIDE, KARMEIER, THEIS, NEVILLE, and M. BURKE, concurring.)