The opinion of the court was delivered by: Justice Steigmann
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS
Appeal from Circuit Court of Champaign County No. 97CM493
Honorable Jeffrey B. Ford, Judge Presiding.
In July 1997, defendant, Robert Williams, pleaded guilty to public indecency (720 ILCS 5/11-9(a)(2) (West 1996)), pursuant to a plea agreement, and the trial court later sentenced him to 364 days in jail. The court also directed defendant to pay for the services of his court- appointed counsel. Defendant appeals, arguing that the trial court erred by (1) accepting his guilty plea without a showing of the factual basis therefor, except for defense counsel's stipulation; and (2) requiring defendant to pay for the services of his court-appointed counsel without first conducting the statutorily required hearing. We affirm in part, vacate in part, and remand with directions.
The public indecency charge to which defendant pleaded guilty accused him of knowingly exposing his sex organ in a lewd manner with the intent to arouse his sexual desires. The charge further alleged that he did so in a public place, namely, the Urbana library. As part of the plea agreement, a second count of public indecency was dismissed. That count charged defendant with the same conduct in the same place, only five days earlier. The parties also agreed that no petition to revoke probation would be filed in an unrelated misdemeanor case.
Before accepting defendant's guilty plea, the trial court appropriately admonished him pursuant to Supreme Court Rule 402 (Official Reports Advance Sheet No. 13 (June 18, 1997), R. 402, eff. July 1, 1997). After doing so, the court turned to and asked: "Is there a factual basis, Mr. [defense counsel]?" Counsel responded, "Your Honor, I'd stipulate there is a factual basis--(inaudible)." No one stated anything further about a factual basis for the guilty plea.
The trial court accepted defendant's guilty plea, directed the court services department to conduct an investigation and make a report to the court, and set the matter for sentencing hearing the following month. At the August 1997 sentencing hearing, defendant failed to appear. The court conducted the hearing anyway, noted defendant's previous public indecency conviction, and sentenced him to 364 days in jail.
Approximately one hour after the sentencing hearing concluded, the defendant appeared in court, and the court informed him that he had been sentenced to 364 days in jail. The court appropriately advised him that he had the right to move to withdraw his guilty plea, in accordance with Supreme Court Rule 605(b) (145 Ill. 2d R. 605(b)). The court advised defendant that if he filed a motion to withdraw his guilty plea, "that motion has to be in writing and has to state all of the errors that occurred in the taking of your plea. Any error left out of that motion, you give up forever and cannot rely on it later." 145 Ill. 2d R. 605(b)(6).
The trial court also ordered defendant to pay $150 a month as a contribution toward the services of court-appointed counsel, reaffirming its temporary order to the same effect from May 1997, when counsel was first appointed for defendant.
Shortly thereafter, defendant filed a motion to withdraw his guilty plea, in which he asserted that he did not fully comprehend (1) the consequences of his plea, or (2) the court's guilty plea admonitions. In September 1997, the trial court conducted a hearing on that motion and denied it. This appeal followed.
A. The Stipulated Factual Basis
Supreme Court Rule 402(c), entitled "Determining Factual Basis for Plea," states the following: "The court shall not enter final judgment on a plea of guilty without first determining that there is a factual basis for the plea." Official Reports Advance Sheet No. 13 (June 18, 1997), R. 402, eff. July 1, 1997. In People v. Barker, 83 Ill. 2d 319, 327-28, 415 N.E.2d 404, 408 (1980), the supreme court addressed the ...