People v. Egge

PRESIDING JUSTICE COCCIA

delivered the opinion of the court;

I

Defendant Mark Egge appeals from the circuit court’s denial of his motion to withdraw a guilty plea and vacate a conviction of driving under the influence of alcohol following that plea. We have concluded that the circuit court abused its discretion by not allowing Egge’s motion; accordingly, the judgment is vacated and remanded.

II

On January 29, 1988, Egge’s appellate counsel — who did not represent him at trial — moved to withdraw the guilty plea and vacate the judgment. Appellate counsel submitted an affidavit executed by Egge, in…