People v. Feldman

State: Illinois

Court: 5th District Appellate

Docket No: 5-09-0385 Rel

Case Date: 04/29/2011

Preview:Rule 23 order filed April 1, 2011 Motion to publish granted April 29, 2011.

NO. 5-09-0385 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KENNETH W. FELDMAN, Defendant-Appellant.

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Appeal from the Circuit Court of Montgomery County. No. 08-CF-182 Honorable John P. Coady, Judge, presiding.

JUSTICE SPOMER delivered the judgment of the court, with opinion. Justices Donovan and Wexstten concurred in the judgment and opinion. OPINION The defendant, Kenneth W. Feldman, pleaded guilty to unlawful possession of a controlled substance (hydrocodone) and was sentenced to one year of conditional discharge. In this direct appeal, he contends he should have been allowed to withdraw his guilty plea because "he had a defense worthy of consideration by a jury." For the reasons that follow, we affirm his conviction and sentence. FACTS On November 14, 2008, the defendant entered a negotiated plea of guilty to a charge of unlawful possession of a controlled substance (hydrocodone). The factual basis for the plea, recited by the State, was, inter alia , that on October 16, 2008, following a search of the defendant's vehicle by a sheriff's deputy at the Coalfield Rest Area, a plastic bag containing "pills and substances" was discovered, that some of the pills were identified as hydrocontin bitrate pills, while others were suspected of being codeine phosphate pills, and that the defendant "did not have prescription [ sic ] for any of the substances that were found." 1

Immediately after this factual basis, including the quote directly above, was presented, the defendant's attorney was asked if he objected to the factual basis. He stated that he did not. The defendant was then asked if he objected to the factual basis. He stated that he did not, and the court accepted the factual basis, gave the defendant a final opportunity to change his mind about pleading guilty, and then accepted the defendant's guilty plea and sentenced him as described above. On December 11, 2008, the defendant filed a motion to withdraw his guilty plea, claiming for the first time

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