APPEAL from the Circuit Court of Stephenson County; the Hon.
WESLEY A. EBERLE, Judge, presiding.
MR. PRESIDING JUSTICE THOMAS J. MORAN DELIVERED THE OPINION OF THE COURT:
Defendant appeals from a conviction for the theft of property exceeding $150.00 in value for which he was sentenced to a term of four to eight years in the penitentiary.
The conviction is based upon his entry of a plea of guilty which he now claims was entered involuntarily, claiming further that the trial court erred by denying his motion to withdraw the plea.
On January 12, 1971, prior to the entry of the plea, the trial court admonished the defendant in accordance with Supreme Court Rules 401(b) and 402(a)(c) [S.H.A., Ch. 110A, Sec. 401 and 402(a)(c)]. No issue is raised thereto. The issue is whether the admonishment complied with Supreme Court Rule 402(b) and (d). S.H.A., ch. 110A, sec. 402(b)(d).
During the admonishment, the court inquired if any plea negotiations had taken place. The State's Attorney responded affirmatively and stated that defense counsel had been informed of the recommendations the State would make to the court in the event of a plea of guilty; that he had been informed by defense counsel that the recommendations had been conveyed to the defendant; and that at "the appropriate time I will ask him [defense counsel] when the recommendation is made, if, in fact, this negotiation was conveyed to the defendant."
"BY THE COURT: Mr. Rodkey [defense counsel], is this your understanding of the plea negotiations had in this case?
BY THE COURT: And this has been communicated to the defendant in this case?
BY THE COURT: And that is in its entirety?
Q. Mr. Bottoms, do you agree, is this correct, that Mr. Rodkey has communicated to you what the State's Attorney would recommend as a penalty in this case in the event you entered a plea of guilty?
Q. All right, now, let me advise you at this time, Mr. Bottoms that even though Mr. Knowlton, the State's Attorney, makes a recommendation as to what the penalties ought to be in this case, I, as Judge, am not bound to follow that recommendation, and I'm at liberty to impose a sentence which I feel to be proper in this case within the limitations of one to ten years, do you understand that?
Q. And, likewise, if your own attorney makes a recommendation as to what the penalties ought to be in this case, I need not follow his ...