(Court opinion corrected 4/8/16.) Court properly denied Defendant's motion to withdraw his guilty plea.In light of thorough discussions that took place at Rule 402 conference prior to court accepting Defendant's guilty plea, records shows that Defendant made his plea knowingly and voluntarily. Court admonished Defendant on nature of charges against him, applicable sentences, his right to plead not guilty, and in pleading guilty his waiver of right to jury trial and to confront witnesses. Defendant had previously filed pro se motion for substitution of judge, but never ruled on motion. During 402 conference, court did not inform Defendant that substitution of judge issue would remain relevant only if he rejected the plea recommendation and elected to have trial.However, Defendant failed to show prejudice by inadequate admonishment.(CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas