Appeal from Circuit Court of Champaign County No. 98DT147 Honorable Michael Q. Jones, Judge Presiding.
The opinion of the court was delivered by: Justice Garman
Defendant Stacie Rossman appeals an order of the circuit court of Champaign County denying her motion to reconsider sentence. We vacate and remand.
Defendant was charged by Illinois citation and complaint (citation) with two counts of driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(1), (a)(2) (West 1996)). On May 26, 1998, a plea agreement was presented to the circuit court, whereby defendant agreed to (1) plead guilty to count II; (2) obtain a substance abuse evaluation and comply with any recommended course of treatment; (3) be sentenced to 12 months' conditional discharge, conditioned upon 120 days' confinement in the county jail, with an initial period of 20 days to be served; and (4) pay a $100 fine and court costs. In return, the State agreed to dismiss count I of the citation and dismiss an unrelated DUI case against defendant.
At the guilty plea hearing, defendant and two other defendants with unrelated DUI cases appeared. In addressing all defendants, the trial court stated:
"THE COURT: Have there been plea agreements in the case of [defendant]?
[DEFENSE COUNSEL]: Yes, your Honor. She'll be pleading guilty in [No.] 98-DT-147. In exchange for that plea, [No.] 98-DT-152 will be dismissed and the bench warrant pending in that matter be quashed. The sentence in [No.] 98-DT-147 would be 12 months['] conditional discharge, she'd have to obtain a substance abuse evaluation, comply with any recommended course of treatment. Sentenced to jail for 120 days with an initial, up-front period of time of 20 days. A $100.00 fine and court costs.
THE COURT: [Defendant], did you hear the plea agreement your lawyer just stated?
THE COURT: Is that your plea agreement?
THE COURT: Has anyone promised you anything different, [defendant], from what I've just heard in this courtroom--
THE COURT: --to get you to come here and ...