People v. Burge

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2019 IL App (4th) 170399
Decision Date: 
Friday, August 2, 2019
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
DeARMOND

(Modified upon granting of petition for rehearing 12/13/19.) Defendant entered a fully negotiated guilty plea to 1 count of theft. Prior to accepting her plea, court admonished her pursuant to Rule 402(a). Court sentenced her to conditional discharge. Ten days after her plea, Defendant filed motion to withdraw her plea and to vacate the judgment, which court denied. Substantial compliance with Rule 402 is what is required for all guilty pleas, and court was not required to admonish Defendant of potential employment consequences of guilty plea. Section 113-4(c) admonishments are to be given at that time of the arraignment. Defendant did not plead guilty at her arraignment and thus these admonishments do not apply to Defendant. Defendant failed to meet her burden to establish she entered her plea of guilty on a misapprehension of fact or law. (HOLDER WHITE, concurring; HARRIS, specially concurring.)