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People v. Saleh

Court of Appeals of Illinois

August 14, 2013

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Mahmoud SALEH, Defendant-Appellant.

Page 376

Michael J. Pelletier, Alan D. Goldberg, and Philip Payne, all of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez, State's Attorney, of Chicago (Alan J. Spellberg and Brian K. Hodes, Assistant State's Attorneys, of counsel), for the People.

[374 Ill.Dec. 237] OPINION

HYMAN, Justice.

¶ 1 Due process insists that before accepting a guilty plea, the trial court give each admonition codified at Illinois Supreme Court Rule 402A (eff.Nov.1, 2003). This applies in proceedings to revoke probation, conditional discharge, or supervision when the defendant admits or stipulates to the violation which forms the basis for revocation. It is necessary to validate [374 Ill.Dec. 238]

Page 377

that the defendant understands the admission or stipulation, the rights being waived, and the potential consequences of his or her actions. While substantial, not literal, compliance with Rule 402 suffices, the record must affirmatively establish that the defendant understood each one of the required admonitions.

¶ 2 Defendant Mahmoud Saleh pled guilty to misdemeanor driving under the influence of alcohol (DUI) in exchange for an agreed term of one year's supervision. After the State petitioned to revoke his supervision due to a number of violations, Saleh stipulated to the revocation and received a sentence of 364 days in the Cook County department of corrections. On appeal, Saleh contends that the trial court accepted his stipulation to revoke the supervision without giving any Rule 402A admonitions, and therefore asks that the order revoking his supervision be vacated and the case remanded for further proceedings. We agree.

¶ 3 Background

¶ 4 On April 24, 2009, in exchange to his plea of guilty to misdemeanor DUI, Saleh received an agreed-on term of one year's supervision along with fines and fees. About six months later, the State filed a petition to revoke Saleh's supervision, alleging he violated several of the conditions set out in the supervision order. On January 25, 2010, the State filed a supplemental petition alleging that Saleh sent a threatening letter to an employee with the social service department.

¶ 5 At the hearing on January 25, 2010, the trial court ordered a behavioral clinical examination (BCX) and set bond. At the State's request, bond was fixed at $400,000 due to the threatening letter as well as unrelated federal charges for wire fraud that Saleh faced. He was taken into Cook County custody, and the case was continued. Subsequently, Saleh was placed in federal custody. On May 19, 2010, Saleh's attorney tendered the results of a federally administered psychological evaluation in lieu of the BCX, which could not be administered while under federal authority. The evaluation found Saleh legally competent and capable of assisting in his defense.

¶ 6 On January 10, 2011, Saleh appeared in the trial court on the State's petitions to revoke supervision. After an off-record conference, the following exchange occurred:

" THE COURT: All right. Sir, you are here. There are two separate violations; is that correct?
[ASSISTANT STATE'S ATTORNEY]: Yes, your honor.
THE COURT: Yes. Have you had the opportunity to discuss these matters with your attorney?
THE DEFENDANT: I'm sorry.
THE COURT: Have you had a chance to discuss with your attorney the conditions, the reasons for the ...

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