People v. Valek

This appeal arises out of the trial court’s ruling denying the defendant’s motion to vacate his guilty plea.

The defendant was charged with aggravated battery. He pleaded not guilty to that charge and requested a jury trial. Subsequently, the court was advised that the defendant wished to change his plea to guilty to the lesser-included offense of battery. At that time, defense counsel, in reply to the court’s inquiry as to whether the defendant wished to plead guilty, said:

“Right. Mr. Valek has such a health problem, Judge. I don’t think he would be able to handle a trial and this is the…