Appeal from the Circuit Court of De Kalb County. No. 12-CF-19. Honorable Robbin J. Stuckert, Judge, Presiding.
Where defendant waived his right to appeal as part of his plea agreement, which provided for his entry into a drug-court program that would result in a sentence to 1 year of conditional discharge on a conviction for one count of burglary if he successfully completed the program, but a 10-year sentence for burglary if he was discharged from the program for being charged with a new felony offense, no particular admonishments were required and the waiver of his right to appeal was valid and enforceable, especially when defendant initialed the waivers after reviewing them with his counsel and defendant's counsel indicated that defendant understood the waivers, had reviewed them and voluntarily agreed to participate in the program; therefore, defendant's appeal from his sentence to 10 years in prison for violating the plea agreement by being charged with a new felony offense was dismissed.
Thomas A. Lilien and Paul J. Glaser, both of State Appellate Defender's Office, of Elgin, for appellant.
Richard H. Schmack, State's Attorney, of Sycamore (Lawrence M. Bauer and Aline Dias, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
PRESIDING JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. Justice Hutchinson concurred in the judgment and opinion. Justice Jorgensen specially concurred, with opinion.
[¶1] Defendant, Todd McCaslin, appeals from an order of the circuit court of De Kalb County granting the State's petition to terminate defendant from the De Kalb County drug-court program, to which he had been admitted under the terms of a plea agreement. Defendant argues that the State failed to prove that defendant " commit[ted] a new felony offense" in violation of the plea agreement. For the reasons that follow, we dismiss the appeal.
[¶2] I. BACKGROUND
[¶3] On January 6, 2012, defendant was charged by information with three counts of burglary (720 ILCS 5/19-1(a) (West 2010)). On March 12, 2012, defendant pleaded guilty to one count of burglary (with the State nol-prossing the remaining counts), and, as part of the plea agreement, he was accepted into the De Kalb County drug-court program.
[¶4] The plea agreement provided that defendant's sentencing would be " deferred until either the completion of or unsuccessful discharge from the program." If defendant
successfully completed the program, a conviction would enter on one count of burglary with a sentence of one year of conditional discharge. If defendant were unsuccessfully discharged from the program, defendant would be sentenced to 10 years in prison. The plea agreement further provided: " If the defendant commits a new felony offense, or DUI, the [S]tate shall immediately file a Petition to Unsuccessfully Discharge the defendant from the program. The case shall proceed to the sentencing hearing pursuant to the plea and predetermined sentence."
[¶5] As a condition of entering the drug-court program, defendant executed a document entitled " Waivers and Agreements." The document included, inter alia, the following provision: " I waive any and all rights to appeal I may have in the event I am dismissed from the DeKalb County Drug Court, and understand and consent to the Court and DeKalb County Drug Court Team being the sole authority for determining such dismissal." The initials " TM" were handwritten next to each provision. The document contained defense counsel's signature, indicating: " I have reviewed this with my client. (S)he understands it and voluntarily agrees to participate[.]"
[¶6] During the plea hearing, prior to the trial court's acceptance of defendant's guilty plea, the following colloquy took place between the court and defendant concerning the waivers and agreements signed by defendant:
" THE COURT: I know your attorney has gone over all of the documents, and there are several things that you've ...