People v. Burge
Annotate this Case
Burge, a certified nursing assistant (CNA) formerly employed as a home health care provider, pled guilty to theft, a Class A misdemeanor after stealing $280 from a client. Days later, Burge moved to withdraw her guilty plea and vacate the judgment, claiming that her plea was not voluntarily entered. The circuit court of Champaign County denied her motion.
The appellate court and Illinois Supreme Court affirmed. The trial court did not abuse its discretion in denying Burge’s motion. No manifest injustice occurred because she pled guilty under the misapprehension that she would not automatically lose her employment as a direct result of pleading guilty. Code of Criminal Procedure, 725 ILCS 5/113-4(c), which provides that “[i]f the defendant pleads guilty such plea shall not be accepted until the court shall have fully explained to the defendant” the various collateral consequences of pleading guilty does not apply when a defendant pleads guilty other than at arraignment. The legislature determined that only at arraignment, prior to the appointment of counsel, must a trial court admonish a defendant of the collateral consequences of pleading guilty; here, the defendant pled guilty after arraignment with defense counsel appointed and was properly admonished under Rule 402.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.