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The People v. Brown

OPINION FILED NOVEMBER 22, 1968.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

MAJOR BROWN, JR., APPELLANT.



APPEAL from the Circuit Court of Champaign County; the Hon. BIRCH E. MORGAN, Judge, presiding.

MR. JUSTICE KLINGBIEL DELIVERED THE OPINION OF THE COURT:

The defendant, Major Brown, entered pleas of guilty in the circuit court of Champaign County to two informations charging him with the crime of forgery and was sentenced to the penitentiary for concurrent terms of not less than seven years nor more than seven years and one day. His petition under the Post-Conviction Hearing Act was denied without hearing evidence and the defendant has appealed from the post-conviction judgment.

The post-conviction petition was filed pro se and contained several allegations, including the charge that defendant was not represented by counsel at the time of his conviction. Counsel was appointed for the defendant in the post-conviction proceeding and the attorney obtained leave to amend the petition by adding the allegation that the court did not specifically advise defendant of his right to be represented by the public defender without cost. On appeal the brief filed by counsel is devoted entirely to the allegations that defendant was not represented by counsel at the time of his pleas of guilty and that the court did not properly admonish the defendant.

The common-law record of the proceedings at the time of the defendant's plea of guilty on one information was incorporated by reference in the petition. This record contains the following colloquy between the court and the defendant:

"THE COURT: You also — you understand that you have a right to have an attorney present?

THE DEFENDANT: Yes, I understand that.

THE COURT: Do you wish an attorney present?

THE DEFENDANT: No.

THE COURT: Defendant waives his right to counsel. Did you consult an attorney at all?

THE DEFENDANT: Yes, he wasn't representing me at all on this charge. I just talked to him.

THE COURT: Did you ask that he represent you?

THE DEFENDANT: No, I didn't.

THE COURT: Do you want to be ...


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