People v. Hughes

Summary

The court affirmed the denial of Hughes's motion to withdraw his guilty plea. It held that the circuit court retained subject matter jurisdiction despite the State's failure to refile or formally reinstate the previously nol-prossed charge, because the alleged offense fell within the general class of criminal matters over which the circuit court has constitutional jurisdiction. The court also held that counsel has a duty to advise a defendant pleading guilty to a triggering sexual offense that he will be evaluated for, and may face, involuntary civil commitment, but Hughes failed to prove deficient performance or prejudice. The dissent would have vacated the plea because no valid charge was pending when judgment was entered.