Defendant was charged, along with 2 other persons, with 4 counts of 1st-degree murder under a theory of accountability for murder of drug dealer whose corpse and car were found burned in a cemetery. Defendant and 1 co-defendant were granted a new trial when their convictions were reversed on direct appeal due to ineffective assistance of counsel. Court accepted Defendant's guilty plea, but Defendant later moved to withdraw his plea, alleging that at time of plea he had ingested Klonopin so his plea was not knowing or voluntary. Court's conclusion that Defendant was competent to stand trial and plead guilty is not against manifest weight of evidence. Despite court's failure to advise Defendant that applicable sentencing range was 20-60 years or that he had the right to persist in plea of not guilty, and to inquire whether any promises had been used to obtain his plea, Defendant is unable to establish prejudice, and such errors were harmless. Remanded for sentencing hearing, as judge made no finding as to his history of delinquency or criminality. (WELCH and MOORE, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas