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People v. Vecchio

FEBRUARY 12, 1971.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

RONALD J. VECCHIO ET AL., DEFENDANT-APPELLANTS.



APPEAL from the Circuit Court of Madison County; the Hon. JAMES MONROE, Judge, presiding.

MR. JUSTICE JONES DELIVERED THE OPINION OF THE COURT:

The defendants were charged in an indictment with the crime of burglary. At their arraignment they entered a plea of not guilty. Subsequently they appeared with their attorney and changed their pleas from not guilty to guilty. Defendants' application for probation was granted, the term thereof to be three years with the first six months to be in confinement at the Illinois State Farm.

Defendants appeal contending that they were not sufficiently admonished as to the consequence of their plea of guilty before the same were entered.

The record discloses that at the hearing at which the guilty pleas were entered the following colloquy took place between the court and the defendants:

"THE COURT: Do you know what the maximum punishment for burglary is?

DEFENDANT ANGELO: Yes, Sir.

THE COURT: What is it?

DEFENDANT ANGELO: It is an undeterminate term.

THE COURT: Are you aware of this too, Mr. Vecchio?

DEFENDANT VECCHIO: Yes."

Later at the same hearing the court, in further admonition to the defendants, stated:

"* * * I tell you now that I am completely open-minded in your case. That I am free to dispose of your case in any way authorized by law. From probation on the most lenient terms or a minimum sentence, to the very maximum sentence permitted by law, and you must not be misled by anything that has been discussed between you and your lawyer or representatives of the State."

The court later advised the defendants as follows:

"Knowing all these things, having indicated you know what the charge is, that you know the consequences, that you know your rights and understandingly waive them, that your plea will be voluntary, or is voluntary, and that nothing regarding ...


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