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The People v. Nardi

OPINION FILED APRIL 1, 1971.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

JAMES ROCK NARDI, APPELLANT.



APPEAL from the Circuit Court of Du Page County; the Hon. L.L. RECHENMACHER, Judge, presiding.

MR. JUSTICE RYAN DELIVERED THE OPINION OF THE COURT:

This is an appeal from an order of the circuit court of Du Page County entered following a hearing denying the relief prayed in defendant's petition for relief under the Post-Conviction Hearing Act. Ill. Rev. Stat. 1967, ch. 38, par. 122-1 et seq.

The defendant was indicted by the Du Page County grand jury on August 1, 1968, in a four-count indictment charging in count I the offense of attempt to commit murder and in counts II, III and IV the offense of aggravated battery. Pleas of not guilty were entered as to each offense charged. On January 27, 1969, the defendant with counsel of his own choosing appeared before the court and asked leave to withdraw his plea of not guilty to count II charging aggravated battery and to enter a plea of guilty thereto. Before accepting the plea of guilty, the court inquired of the defendant, his attorney and the assistant State's Attorney as follows:

"THE COURT: Now, your attorney Mr. Dunagan advises me that you wish to withdraw your plea of not guilty to Count II of the indictment which charges you with the offense of aggravated battery and that you wish to substitute a plea of guilty, is that correct?

DEFENDANT NARDI: That is correct.

THE COURT: When you plead guilty, do you know that you are telling the court that you did the things charged against you in that particular count of the indictment?

DEFENDANT NARDI: Yes.

THE COURT: In other words, that you did without legal justification and knowingly commit a battery on and knowingly cause bodily harm to Donald Horton in that you did shoot Donald Horton with a deadly weapon being a gun. You are telling me you did that?

DEFENDANT NARDI: Yes, sir.

THE COURT: Are you making this plea of guilty freely, voluntarily and understandingly and with no promise of leniency whatever or no threats?

DEFENDANT NARDI: Yes, sir.

THE COURT: Is that right, Mr. Laraia?

Mr. LARAIA [Asst. State's Attorney]: Your Honor, counsel and I have had a conference and I have indicated to him, of course, that nothing we would agree on would be binding on the Court, and if that in the event the Probation Department, if the Court granted leave to apply for probation were to recommend probation, our recommendation would be the same as that of the Probation Department.

If they were, of course, not to recommend probation, then, of course, we would recommend a sentence to the Court which the ...


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