Appeal from the Circuit Court of DuPage County; the Hon. BRUCE
R. FAWELL, Judge, presiding. Reversed and remanded.
MR. JUSTICE MORAN DELIVERED THE OPINION OF THE COURT.
The defendant was charged with driving a vehicle while his license was revoked for which the penalty is a mandatory minimum imprisonment of seven days and a maximum sentence of one year "and there may be imposed in addition thereto a fine of not more than $1,000." (Ill Rev Stats 1965, c 95 1/2, § 6-303(a).) He was further charged with speeding. Upon a plea of guilty to both charges before a magistrate, he was sentenced to 60 days in the county jail under the offense of driving while his license was revoked. It is from this judgment alone that he appeals.
The defendant claims that his plea of guilty was invalid because, (1) he was not advised of his right to counsel, (2) he was not advised of his right to remain silent, and (3) the admonition given by the court as to the consequence of his plea was improper.
On October 25, 1966, the date of hearing, the defendant appeared without counsel. He had previously entered a plea of not guilty and waived trial by jury. On this date the State moved to nolle prosequi a third charge lodged against the defendant and thereafter the following colloquy between the magistrate and the defendant took place:
"The Court: That leaves us with two charges then: One charge of driving while license revoked and the other charge of speeding 80 miles an hour in a 65 mile an hour zone.
"Mr. Manikas, do you have an attorney to represent you or do you wish to represent yourself?
"Mr. Manikas: I am here myself.
"The Court: You have waived trial by jury and entered pleas of not guilty to both of these charges?
"Mr. Manikas: Not guilty. I told him I was driving with a permit on that day, and I drove out of the city.
"The Court: Did you plead not guilty?
"Mr. Manikas: I didn't say nothing.
"The Court: Do you want to plead not guilty and have the case proved by the State?
"Mr. Manikas: Well, actually I was driving. I was speeding and I was driving on
"The Court: At the time you were driving did you have a revoked license ...