Appeal from the Circuit Court of Cook County; the Hon. RICHARD
J. FITZGERALD, Judge, presiding. Convictions and sentences on
indictments Nos. 66-931, 66-932 and 66-933 are affirmed; No.
66-24 is reversed and remanded with directions.
MR. JUSTICE MURPHY DELIVERED THE OPINION OF THE COURT.
The defendant, Dennis Neal Baker (Impleaded), was charged with conspiracy, escape, robbery and armed robbery in four indictments, Nos. 66-24, 66-931, 66-932 and 66-933. On September 27, 1966, defendant pleaded guilty to three indictments, Nos. 66-931, 66-932 and 66-933. On indictments Nos. 66-24, 66-932 and 66-933, he was sentenced to a term of ten to fifteen years each. On indictment No. 66-931, in which defendant Baker was charged with conspiracy to escape and escape, he was sentenced to a term of from five years to five years and one day. It was ordered that all sentences were to be served concurrently.
On April 22, 1968, this court granted defendant leave to appeal on indictments Nos. 66-931, 66-932 and 66-933. A transcript of the record filed on April 16, 1969, includes a verbatim report of proceedings covering defendant's change of plea and his sentencing. This report shows that Mr. Brian Crowe, Assistant Public Defender, appeared for defendant Baker, and the following colloquy between the court, defendant and defendant's counsel took place:
MR. CROWE: "Let the record show that the defendants, Mark Clancy, Edward Schreiber and Dennis Baker are present in open court. At this time on behalf of the defendant Dennis Baker, the defendant will withdraw the plea of not guilty heretofore entered on indictments Nos. 66-931, 932 and 933 and enter a plea of guilty to each of those indictments."
THE COURT: "Mr. Baker, your counsel states you wish to change your plea of not guilty to a plea of guilty, is that correct?"
THE DEFENDANT BAKER: "Yes, sir."
THE COURT: "When you plead guilty, you automatically waive any right to a trial by jury, do you realize that?"
THE DEFENDANT BAKER: "Correct."
The court then proceeded to inform the defendant of the consequences of his plea of guilty to the various indictments and of the maximum penalties provided by law which might have been imposed upon the acceptance of his plea of guilty. After defendant stated to the court that he persisted in his plea of guilty, the record shows the following took place:
THE COURT: "Let the record show that the defendant has been advised of the consequences of his plea to these indictments and after being so advised, persists in his plea. The plea, therefore, will be accepted, and there will be a finding of guilty of robbery, conspiracy to escape, escape and armed robbery, all as set forth in indictments 66-24, 66-933, 932 and 931, and there will be a judgment on the finding.
"Will the State's Attorney kindly advise the Court as to what the facts are in this case, and thereafter we will have a hearing in aggravation and mitigation."
(Thereupon a hearing in aggravation and mitigation was had, preceded by a statement of facts by the State's Attorney.)
THE COURT: "Very well, based upon the plea of guilty to indictment 66-24, 66-931, 932 and 933, and in consideration of the various facts submitted in aggravation and mitigation, the Court hereby sentences the defendant to the State Penitentiary on indictment 933 involving escape for not less than five nor more than five years and one day;
"On indictment 66-24, 66-931 and 932 the defendant is hereby sentenced to the State Penitentiary for a period of not less than ten nor more than fifteen years; that the ...