People v. Gamboa

The defendant, Guadalupe Gamboa, Sr., appeals the trial court’s denial of his motion to withdraw his guilty plea. For reasons which follow, we remand to the trial court for further proceedings.

On April 1, 1990, Gamboa pled guilty to unlawful possession with the intent to deliver a controlled substance (count I) (Ill. Rev. Stat. 1989, ch. 56½, par. 1401(a)(2)) and unlawful possession of weapons by a felon (count II) (Ill. Rev. Stat. 1989, ch. 38, par. 24—1.1). Before accepting Gamboa’s guilty pleas, the trial court admonished him pursuant to Supreme Court Rule 402. (134 Ill. 2d R. 402.) The…