Supreme Court of Illinois

Conviction for driving on a suspended license is vacated where the purported waiver of counsel was ineffective due to the fact that there was no compliance, substantial or otherwise, with Supreme Court Rule 401. The fact that the sentence had been discharged does not preclude the defendant's challenge to his conviction, and the fact that the offense was punishable by imprisonment meant that the rule had to be complied with, even though no prison term was actually imposed.

Appellate Information

• Decided 01/22/2007
• Published 01/22/2007

Judges

• Chief Justice THOMAS delivered the judgment of the court, with opinion:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, James W. Glasgow, State's Attorney, Joliet (Gary Feinerman, Solicitor General, Linda D. Woloshin, Eric M. Levin, Michael M. Glick, Assistant Attorneys General, Chicago, Norbert J. Goetten, Lawrence M. Bauer, Richard T. Leonard, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.


• For Appellees:
  
• Robert Agostinelli, Deputy Defender, Melissa Anne Maye, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellee.