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People v. Howard

SEPTEMBER 17, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JACK HOWARD, JUNIOR, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. FRANCIS T. DELANEY, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CRIME CHARGED

Robbery. Ill Rev Stats (1965), c 38, § 18-1.

JUDGMENT

On a plea of guilty, defendant was sentenced to a term of 3 to 10 years, concurrent with his sentence under a separate indictment for deviate sexual assault.

PROCEEDINGS ON APPEAL

On May 7, 1969, the attorney appointed by the trial court to represent defendant on appeal, filed a petition for leave to withdraw from the case on the ground that he was unable to find any legal points which were arguable on their merits. He also filed a brief, covering possible issues, in compliance with Anders v. California, 386 U.S. 738. Copies of the petition and brief were served by mail upon defendant in the penitentiary on April 29, 1969, and on May 12 he was notified that he might have until July 11, 1969, to file any points he might choose in support of his appeal. Defendant has filed nothing additional.

Counsel's brief covers the possible point that the trial court "did not fully admonish the defendant as to the significance and consequences of his change of plea from not guilty to guilty."

THE RECORD IN THE TRIAL COURT

Shortly after indictment, defendant was released on bail. He was therefore in a position to participate freely in the preparation of his defense by his privately retained attorney, and it appears that he did so.

On August 14, 1967, while the case was awaiting trial, defendant's counsel presented a petition requesting the court to conduct a hearing to determine defendant's competency to stand trial. The court then proceeded with such a hearing and a jury was impanelled for the purpose. Testimony and arguments of counsel were heard, and the jury returned a verdict finding defendant competent, upon which verdict judgment was entered.

Defendant was rearraigned and entered a plea of not guilty. He was then furnished with the names and addresses of the State's witnesses.

After repeated continuances, the case came up for trial on March 14, 1968, at which time the following colloquy took place:

DEFENSE ATTORNEY: "If your Honor please, this is the defendant Jack Howard, Junior, who is charged with the offense of robbery in Indictment No. 67-715. Judge, at this time Jack Howard, Jr. after having had a conference with me advises me that he wishes to withdraw his plea of not guilty to Indictment No. 67-715 and to enter ...


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