People v. Miranda

In People v. Miranda, 329 Ill. App. 3d 837, 769 N.E.2d 1000, 264 Ill. Dec. 163 (2002), the defendant appealed from an order of the circuit court denying her petition for postconviction relief. Miranda, 329 Ill. App. 3d at 838, 769 N.E.2d at 1002. The defendant argued that her conviction for a violation of a bail bond should be reversed because the circuit court did not forfeit her bond, a necessary precondition to the offense charged. Miranda, 329 Ill. App. 3d at 838, 769 N.E.2d at 1002. The State asserted that the defendant waived the issue by pleading guilty. Miranda, 329 Ill. App. 3d at 843, 769 N.E.2d at 1006. The factual basis was established through the State's summary of testimony and evidence. Miranda, 329 Ill. App. 3d at 843-44, 769 N.E.2d at 1006. The court found that, contrary to the factual basis provided by the State, the trial judge specifically stated, "'no bond forfeiture, warrant to issue.'" Miranda, 329 Ill. App. 3d at 844, 769 N.E.2d at 1007. The court held that the trial court improperly found there was a factual basis to support the guilty plea and that, without a factual basis, there could be no guilty plea. Miranda, 329 Ill. App. 3d at 844, 769 N.E.2d at 1007. The court stated that, while the general rule is that a voluntary plea of guilty waives all nonjurisdictional errors, including constitutional errors, waiver is a limitation on the parties and not the court. Miranda, 329 Ill. App. 3d at 844, 769 N.E.2d at 1007. The court thus declined to extend the rule where the factual basis to support a plea is absent from the record. Miranda, 329 Ill. App. 3d at 844, 769 N.E.2d at 1007. The court stated: "The constitutional error in this case is one of great magnitude, calling into question the integrity and fairness of our judicial system." Miranda, 329 Ill. App. 3d at 844, 769 N.E.2d at 1007. The court held that because an element of the charge was missing, the State could not indict and the defendant could not plead guilty to the charge. Miranda, 329 Ill. App. 3d at 845, 769 N.E.2d at 1008.