Defendant was convicted of aggravated DUI of alcohol while driving without a valid driver's license. Court found that Defendant violated his probation by failing to report to his probation officer. Defendant was never informed of the nature of the alleged violation of probation, and was not informed of the potential consequences of a finding that he had violated his probation. Defendant was provided incorrect information as to the basis of the alleged violation, and learned the actual basis only at time of hearing. Given these multiple errors, court did not substantially comply with the Rule 401(a) admonishments in permitting Defendant to waive counsel, and court's failure to admonish Defendant of the sentencing range rose to level of plain error. Court did not abuse its discretion by failing to hold a hearing sua sponte into Defendant's fitness for trial. Defendant's lack of legal knowledge does not render him unfit. Defendant was able to assert a defense for the claims against him, suggesting that he understood the charges against him. (REYES, concurring; LAMPKIN, specially concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel