Writ of error to the Circuit Court of the Nineteenth Judicial
Circuit, Lake County; the Hon. GLENN K. SEIDENFELD, Judge,
presiding. Judgment affirmed.
MR. JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT.
Defendant-appellant, who was jointly indicted with Bentley F. Pinley for the crime of burglary, entered a guilty plea; was denied probation and was sentenced to the penitentiary for a term of not less than two nor more than six years.
On appeal, he contends that the court erred in permitting him to proceed at arraignment without counsel, and in permitting him to enter a plea of guilty; that the record contains no facts from proceedings had in open court indicating that he understood that he had a right to counsel or understandingly waived that right at arraignment, and is devoid of any facts from proceedings had in open court upon which the court could have found that he understood the nature of the charge against him, and the consequences thereof; and that the sentence is unduly severe.
In order to determine the merits of defendant's contentions, we have carefully examined the record. Defendant and Pinley were present in open court on February 19, 1964, and each were furnished with a copy of the indictment charging them with the offense of burglary, committed in Waukegan, Lake County. A list of the witnesses was on the back of each copy of the indictment, and each of them received a list of jurors and a copy of the signed statement which each had respectively given. Each told the court his age and acknowledged receipt of the foregoing items.
The Court then inquired, and was told by said parties that they did not have a lawyer. Pinley told the court he would not know whether he could hire a lawyer until after he was out on bond. The defendant stated he had no way of getting an attorney, and the court asked the State's Attorney to interrogate him in order to determine if he was indigent. The interrogation indicated indigency and the following colloquy then occurred:
"The Court: Q. Mr. Stevens, are you asking the Court to appoint the Public Defender to represent you in this action?
A. No, sir. I don't think that will be necessary.
Q. You want to proceed without counsel?
The Court: All right. As far as Mr. Pinley is concerned, how much time would you need?
Mr. Pinley: As much as possible, sir.
The Court: Have we fixed bond in this matter?
The Court: What is the amount?
Mr. Hoogasian: Six thousand dollars.
The Court: Are you prepared to make bond?
Mr. Pinley: Well, I will be later on. I contacted some people in Chicago and they are contacting Mr. Fitzpatrick, the bondsman.
The Court: We will continue this further proceeding toward arraignment, and if the bond question can be worked out meanwhile, you can come before the Court. . . .
The Court: All right, Friday, 9:15 as far as Pinley is concerned.
Mr. Hoogasian: Is Mr. Pinley going to get an attorney?
The Court: He said if he gets out on bond, he will be able to get an attorney. At that time, we ...