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The People v. Hinkle

AUGUST 5, 1971.

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

v.

DENNIS HINKLE, DEFENDANT.



APPEAL from the Circuit Court of DeKalb County; the Hon. CARL A. SWANSON, Jr., Judge, presiding.

MR. JUSTICE WILLIAM L. GUILD DELIVERED THE OPINION OF THE COURT:

Defendant was sentenced in the circuit court of De Kalb County to a term of 1-5 years in the penitentiary after waiver of his right to counsel, indictment, trial. He entered a plea of guilty and applied for probation which was denied. On direct appeal from his conviction for theft, defendant claims error in failure of the trial court to advise him of his constitutional right to assistance of counsel at the time of sentencing.

In June of 1969, the defendant and his female companion went to a used car lot in De Kalb at night, broke a window in a 1960 Chevrolet and when they could not start it, they towed it to a barn. In about a week the defendant had removed the motor and transmission from the stolen car and installed them in the girl's car.

The defendant had been released on parole two months earlier, after having served two years of a 2-4 year sentence imposed for burglary.

At arraignment on June 27, 1969, the court was informed defendant had been served with a copy of the information, and the following colloquy ensued:

"THE COURT: Do you have a lawyer?

DEFENDANT: No, I don't.

THE COURT: Do you understand you have a right to have a lawyer represent you at all stages from now on? Do you intend to hire a lawyer?

DEFENDANT: No Sir, your Honor, I would like to enter a plea of guilty.

THE COURT: What?

DEFENDANT: I would like to enter a plea of guilty.

THE COURT: Your age is what?

DEFENDANT: 20.

THE COURT: Speak up now so she can take this down. You understand the right to a lawyer includes the right to have the public defender appointed for you if you have no funds, the court could upon your request appoint the ...


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