People v. Mahmoud Saleh
Aug 14, 2013OUTCOME: Conviction reversed and case remanded for further proceedings.
Defendant stipulated to a violation of his sentence of court supervision for a dui offense. He was re-sentenced to 364 days in jail and a conviction to enter due to the violation. Even though the re-se ... ntence was an agreement, the Defendant appealed and claimed he was not properly admonished per Supreme Court Rule 402A. The 1st Dist. Appellate Court agreed with the Defendant, and held that the court was required to admonish him of his rights under Rule 420A. He needs to understand his stipulation or admission to the facts alleged against him, the rights he waives when he admits the allegations, and the potential consequences of his actions.Substantial, not literal, compliance with Rule 402A is necessary so there is a record that he understands each and every admonition under the Rule.
