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People v. Wooley

JULY 14, 1971.

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

v.

ROBERT WOOLEY (IMPLEADED), DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. KENNETH E. WILSON, Judge, presiding.

MR. JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:

This is an appeal from the Circuit Court of Cook County, wherein the defendant pleaded guilty to three separate indictments charging armed robbery, for which he was sentenced to the State Penitentiary for a term of three to four years on each indictment, the sentences to run concurrently.

The question on appeal is whether the court properly accepted the defendant's plea of guilty. Defendant complains his waiver of a jury trial was not understandingly made and also the court failed to find the defendant understood the nature of the charges against him.

The defendant, Robert Wooley, was charged with armed robbery in three separate indictments. He pleaded not guilty and demanded a jury trial. After answering "ready" for trial, there were discussions concerning several pre-trial motions, and then the following exchange took place:

THE COURT: "Your lawyer tells me that you want him to enter into a conference with the State's Attorney and the judge. You know, of course, that a conference of this type, some things come out that if they were brought out at the trial might not be admissible into evidence. Understanding that do you still want your lawyer to have a conference with the State's Attorney and the court.

DEFENDANT: Yes."

After the conference there was another exchange between the court and the defendant:

"THE COURT: Mr. Robert Wooley, you understand that your counsel, the State's Attorney and the court have had a conference on your case. Have you been advised as to the results of that conference?

THE DEFENDANT: Yes.

THE COURT: Your counsel now advises me that you wish to change your plea of not guilty to a plea of guilty, is that correct?

THE DEFENDANT: Yes.

THE COURT: You know, of course, when you plead guilty you automatically waive and give up your right to a jury trial, do you understand that?

THE DEFENDANT: Yes.

THE COURT: Before accepting your plea of guilty it is my duty to advise you that on your pleas of guilty to these indictments, 67-2646, 2648, 2649, which charge you with the crime of armed robbery, you may be sent to the penitentiary for a term of years, it may be any number of years not ...


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