Appeal from the Circuit Court of Carroll County, Fifteenth
Judicial Circuit; the Hon. EDWARD TURNBAUGH, Judge, presiding.
MR. PRESIDING JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT.
Rehearing denied April 23, 1970.
Criminal complaints were filed against the defendant, Lawrence Eddy Lingle, on June 28, 1966, wherein he was charged with having committed the offense of rape, aggravated battery, burglary and kidnapping. A hearing was held on these complaints on July 11, 1966, at which time the defendant was present in person, and by Melvin Finer, court-appointed counsel. The State's Attorney was also present and filed a petition asking that the defendant be prosecuted under the Criminal Code rather than under the Juvenile Court Act. The defendant and his attorney consented to such procedure. The court allowed the petition and dismissed the juvenile proceedings. Bond was set for the defendant, and preliminary hearing was set for July 19, 1966.
On July 18, 1966, the Grand Jury of Carroll County returned a seven-count indictment against the defendant wherein he was charged with rape, burglary, aggravated kidnapping, kidnapping and aggravated battery. Upon the return of the indictments on July 20, 1966, at which time the defendant, his previously appointed attorney, and the State's Attorney were present in court, a copy of the indictment with the names of the grand jurors, and the witnesses listed thereon, was delivered to the defendant, along with a list of petit jurors. At this time, the court, in accord with the defendant's desire, appointed attorney Melvin Finer to represent him in connection with these indictments.
On August 1, 1966, the defendant filed a motion to quash the indictment, and a petition was filed by the State's Attorney to have the defendant adjudged to be a sexually dangerous person. Thereafter, the defendant filed a petition for a writ of habeas corpus. This petition and the motion to quash were heard on August 5, 1966. The defendant, the Sheriff of Carroll County, the Marshall of Sabula, Iowa, the Superintendent and an employee of the Illinois Youth Commission Camp at Savanna, were examined and cross-examined extensively. At the conclusion of the hearing, the court denied the petition for a writ of habeas corpus and the motion to quash the indictment.
Pursuant to motion of the defendant, the court appointed two qualified psychiatrists to examine the defendant to determine his competency to stand trial, and appointed the same psychiatrists to examine him in connection with the petition to have him declared sexually dangerous. These psychiatrists were ordered to report to the court, the State's Attorney, and the defendant. At a hearing on the motion and petition, the reports were admitted in evidence, by stipulation, as all the evidence in connection with the petition and motion.
From these reports the court found that the defendant was competent to understand the nature of the case and the charges against him, to cooperate with counsel in presenting his defense, and to stand trial. The court further found that one psychiatric report indicated that the defendant was sexually dangerous and the other that he was not. Under these circumstances, the court found that he was not sexually dangerous.
On August 31, 1966, the defendant's attorney filed a motion to withdraw as counsel for the defendant because he "refused to co-operate with him and his advice." On September 1, 1966, at which time the defendant, his attorney, and the State's Attorney were present in court, the court discussed the withdrawal of the defendant's attorney, and the defendant stated that he did not wish to cooperate with him. The court then informed the defendant that his attorney would be allowed to withdraw and that George Schirmer would be appointed as his new attorney. On September 2, 1966, the court entered an order which so provided. The defendant was present in court on this occasion.
At the arraignment on September 19, 1966, at which time the defendant and attorney Schirmer were present in court, the State's Attorney nolle prossed Counts 1, 4 and 5 of the indictment. After admonishment, the defendant waived his right to a jury trial and entered a plea of guilty of the crime of burglary, as charged in Count 2; of rape, as charged in Count 3; of aggravated kidnapping, as charged in Count 6; and of aggravated battery, as charged in Count 7 of the indictment. Before accepting his plea, the court advised the defendant of the nature of the charges against him, the consequences of his plea, the penalties as provided by law in connection with such charges, and of his right to a jury trial on these charges. The defendant persisted in his guilty plea and the court accepted it.
Thereupon, the defendant waived a hearing in aggravation and mitigation, and filed a petition for probation, but waived investigation. The court denied the petition and sentenced the defendant to imprisonment in the Illinois State Penitentiary on Counts 2, 3, 6 and 7, as follows:
Count 2 Burglary 10 to 30 years, Count 3 Rape 10 to 30 years, Count 6 Aggravated Kidnapping 10 to 30 years, Count 7 Aggravated Battery 9 to 10 years,
and ordered that all of the sentences should run concurrently.
On September 19, 1966, the court, on application of the attorney for the defendant, ordered that, promptly upon admission to the penitentiary, the Department of Public Safety should check certain growths on the defendant's head for malignancy, and should reevaluate his condition relative to being a sexually dangerous person in conjunction with the pertinent portion of his file with the Illinois Youth Commission.
The record indicated that on June 28, 1966, the defendant, age 17 years, was a ward of the Illinois Youth Commission and a resident at the Illinois Youth Commission Camp at Savanna. On this date, Camp personnel took the boys on a fishing trip and the defendant walked away from the group. About five hours later, he appeared at the Milwaukee railroad station in Savanna where a passenger train was standing, which he learned was en route to Omaha. When he inquired from a trainman whether he could buy a ticket for Omaha, he was told that a police officer had just notified railroad personnel to be on the lookout for an escapee from the Illinois Youth Camp. The defendant accompanied the trainmen to the police ...