People v. Newbern

Defendant appeals a conviction upon his plea to a charge of reckless misconduct 1 founded upon a spanking which caused injuries to his stepson. A sentence of one year was imposed to run concurrently with a sentence imposed upon a charge also pending against defendant.

Defendant urges that the admonition concerning the right to trial by jury given by the court prior to the acceptance of the plea of guilty did not comply with the requirements of Supreme Court Rule 402(a)(4).

Defendant was originally charged with cruelty to the child. Thereafter, he appeared in court with his counsel and the…