Defendant, at guilty plea proceeding, pled guilty to misdemeanor criminal damage to property and misdemeanor domestic battery (and 3 other counts were thus dropped), and court unequivocally accepted the plea. Court asked Defendant if he would like to make a statement. As Defendant spoke, judge cut him off mid-sentence, vacated his plea, reinstated all charges, and continued case to trial. Prior to being interrupted by judge, Defendant had made no claim that he was innocent of charges to which he had pled guilty. At trial, court found Defendant guilty of 2 counts and not guilty of all other charges. Where, as here, Defendant has entered into fully negotiated plea agreement admitting to commission to 2 crimes and has orally admitted to those in open court, and agreement or confession was accepted by judge on the record, and where court vacated the plea without a clear and unequivocal claim by Defendant of innocence of the crimes to which he has pled guilty, jeopardy is terminated and statute precluded subsequent trial as violation of double jeopardy. Judge improperly terminated plea hearing. (HOLDRIDGE, concurring; SCHMIDT, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Guilty Pleas