Appeal from the Circuit Court of Du Page County. No. 98--DT--996 Honorable Eugene A. Wojcik, Judge, Presiding.
The opinion of the court was delivered by: Justice Byrne
Defendant, Anthony Milbratz, was charged with driving while under the influence of alcohol (DUI) (count I) (625 ILCS 5/11--501(a)(2) (West 2000)), resisting a peace officer (count II) (720 ILCS 5/31--1(a) (West 2000)), attempted obstructing justice (count III) (720 ILCS 5/8-4(a), 31--4(a) (West 2000)), driving while his license was suspended or revoked (count IV) (625 ILCS 5/6--303(a) (West 2000)), and operating an uninsured motor vehicle (count V) (625 ILCS 5/3--707 (West 2000)). Prior to trial, defendant pleaded guilty to counts II and III and the matter proceeded to a bench trial on the remaining counts. The trial court subsequently granted defendant's motion for directed findings as to counts IV and V and found defendant guilty of count I, the DUI charge.
Defendant appeals and contends that, as to counts II and III, his guilty pleas must be reversed and the cause must be remanded to allow him to replead because no factual basis was presented in support of the pleas. Defendant also contends that his conviction of DUI must be reversed because (1) the trial court erred when it permitted the cross- examination of a witness beyond the scope of her direct examination and (2) defendant did not knowingly waive his right to a jury trial. We affirm defendant's conviction of DUI and remand the cause for further proceedings as to counts II and III.
Prior to the start of the trial, the following colloquy occurred among defendant's attorney (Mr. Coco), the trial court, and defendant:
"MR. COCO: Tony Coco for the defendant, your honor.
At this time we are still seeking to go to bench trial on Counts 1, 4 and 5.
But at this time we will be entering pleas of guilty to Counts 2 and 3 of the resisting and the attempt obstructing justice.
THE COURT: All right, as to counts 2 and 3, those are Class A misdemeanors, punishable by up to one year in jail, a $2500 fine. Probation or conditional discharge up to 24 months; as a condition of either of those, up to 180 days county jail, periodic imprisonment up to one year, court supervision up to two years.
As to all the charges, you are entitled to have a jury trial. A jury trial is where 12 people sit and listen to the evidence, they decide if you're guilty or not guilty.
And then a bench trial is a judge sitting alone.
You're giving up your right to have a jury or bench trial freely and voluntarily, is that correct?
DEFENDANT ANTHONY MILBRATZ: Yes, sir.
THE COURT: Nobody has threatened or promised you anything to get you to do ...