Rule 23 Order filed June 27, 2013
Rule 23 Order withdrawn July 26, 2013
Defendant’s appeal from her pro se negotiated guilty plea to domestic battery was remanded to the trial court with directions for a proper admonishment pursuant to Supreme Court Rule 605(c) and an opportunity to file a motion to withdraw her guilty plea, since, even though a written admonishment was included in the plea agreement, Dominguez requires a verbal admonishment.
Appeal from the Circuit Court of Logan County, No. 12-CM-85; the Hon. Review Thomas W. Funk, Judge, presiding.
Michael J. Pelletier, Karen Munoz, and Nancy L. Vincent (argued), all of State Appellate Defender's Office, of Springfield, for appellant.
Jonathan Wright, State's Attorney, of Lincoln (Patrick Delfino, Robert J. Biderman, and Denise M. Ambrose (argued), all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
Presiding Justice Steigmann and Justice Turner concurred in the judgment and opinion.
¶ 1 On March 15, 2012, defendant, Erin K. Jones, pro se, entered a negotiated guilty plea to one count of domestic battery, a Class A misdemeanor (720 ILCS 5/12-3.2(a)(1) (West 2010)). Defendant appeals, arguing (1) the trial court failed to properly admonish her pursuant to Illinois Supreme Court Rule 605 (eff. Oct. 1, 2001) and (2) her waiver of trial counsel was ineffective because the record does not demonstrate compliance with Illinois Supreme Court Rule 401(eff. July 1, 1984). We remand with directions.
¶ 2 I. BACKGROUND
¶ 3 On March 15, 2012, the State charged defendant by information with one count of domestic battery (720 ILCS 5/12-3.2(a)(1) (West 2010)), alleging defendant knowingly caused bodily harm to Shad J. Richards, a family or household member, by punching Richards's face. That same day, defendant and the State entered into a fully negotiated plea agreement. Defendant proceeded pro se.
¶ 4 According to the written, fully negotiated plea agreement, defendant agreed to plead guilty to the domestic battery charge in exchange for 24 months' probation and a period of incarceration in the Logan County jail. The trial court entered its judgment and sentence and certificate of conditions, finding defendant guilty of domestic battery. The court sentenced defendant to 24 months' probation with various fines and fees. The court also entered an order of imprisonment, sentencing defendant to serve 60 days in the Logan County jail. The court stayed defendant's jail time until March 12, 2013.
¶ 5 The record contains three docket entries dated March 15, 2012. The first states:
"State by SA McIntosh.
Deft appears. Guilty plea tendered. Deft duly admonished re: Nature of charge & min/max penalty; Not guilty/proof beyond reasonable doubt; Right to attorney, appointed if indigent; Right to jury/confront witnesses, testify.
COURT FINDS: understanding & voluntary waivers, factual basis, Deft found guilty. Fined $ -0- plus costs, ...