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People v. Rosado

NOVEMBER 5, 1971.

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

v.

JOHN ROSADO, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM S. WHITE, Judge, presiding. MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

Defendant entered guilty pleas to three counts of armed robbery and was sentenced to a term of three to seven years on each offense, the sentences to run concurrently. On appeal he contends that he was denied his constitutional rights in that the court failed to fully inform him of the nature of the crimes with which he was charged and that the court did not adequately inform him of the nature of the sentences which could be imposed as a result of his plea.

Defendant was indicted for three separate offenses of armed robbery. At his arraignment on those charges he was given a copy of each indictment and through his attorney, a public defender, waived formal reading thereof and entered a plea of not guilty. Some weeks later, on October 13, 1967, defendant withdrew his not guilty plea and entered a plea of guilty. At that time the following colloquy took place.

"Mr. BANKS [Public Defender]: As to Mr. Rosado, Your Honor, we ask leave of Court at this time to withdraw the plea of not guilty heretofore entered and enter a plea of guilty to said indictments. I have talked to my client and he has asked me to do this.

Is that right, Mr. Rosado?

THE DEFENDANT: Yes.

Mr. BANKS: And I have explained to you the possible penalties involved because of the plea of guilty.

THE DEFENDANT: Yes.

Mr. BANKS: And you are doing this of your own voluntary act, is that right?

THE DEFENDANT: Yes.

Mr. BANKS: I have also advised him that by doing so, he is waiving his right to a trial by jury, Your Honor.

Is that right?

THE DEFENDANT: Yes.

THE COURT: Mr. Rosado, I am going to have the prosecutor tell you how long you can be sent to the penitentiary for the crime to which you wish to plead guilty.

What is the possible punishment?

Mr. DIVANE [Assistant State's Attorney]: One to an indeterminate number of years.

THE COURT: You could be sent to the penitentiary for a term from one to any number of years on conviction of the crime you are pleading ...


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