People v. Vazquez

(Court opinion corrected 9/15/11.) Defendant was convicted, after jury trial, of contributing to delinquency of a minor and harboring a runaway. Court failed to substantially comply with Rule 401(a), as court failed to advise Defendant of nature of charges or minimum penalties. Although a judge in other proceedings (for order of protection), and not the trial judge, had informed Defendant of his right to appointed counsel, this was well after proceedings began. Proper to remand for retrial, as offenses charged inherently involve harm and danger, and are directed against minors, who are in need of protection. A misdemeanor defendant is entitled to disclosure of confessions, but text messages which are not acknowledgements of guilt are not subject to disclosure. (BURKE, concurring; McLAREN, specially concurring.)