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People v. Hall

MARCH 8, 1972.

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

v.

BILL J. HALL, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. PHILIP J. ROMITI, Judge, presiding.

MR. JUSTICE ADESKO DELIVERED THE OPINION OF THE COURT:

On January 19, 1971, defendant pleaded guilty to two counts of murder and was sentenced to the penitentiary for concurrent terms of twenty-five to fifty years. On March 3, 1971, he filed a notice of appeal and the Public Defender was appointed as his counsel.

The Public Defender has filed a motion to withdraw on the basis that there is no merit to the appeal. Pursuant to Anders v. California (1967), 386 U.S. 738, the Public Defender has furnished this court with a brief in support of the petition to withdraw and a transcript of the proceedings. Notice of the motion to withdraw and copies of the petition to withdraw and brief were mailed to the defendant on October 20, 1971. Defendant did not respond.

The brief states that the only basis for appeal would be whether the court fully admonished the defendant as to the significance and consequences of his change of plea from not guilty to guilty. A review of the testimony at that time shows:

"DEFENSE ATTORNEY: May it please the court, at this time we have concluded our conference with the State and we have discussed this matter with the defendant, and we would like at this time to have changed the plea hereto entered from not guilty to a plea of guilty.

THE COURT: The defendant wishes to withdraw his plea of not guilty and enter a plea of guilty, is that correct?

DEFENSE ATTORNEY: That is right, Your Honor.

THE COURT: Mr. Hall, do you understand that your lawyer is telling the Court now —

THE DEFENDANT: Yes.

THE COURT: [continuing] — your lawyer is indicating to the Court that you wish at this time to withdraw a plea of not guilty which you had entered, to Indictment 70-384, which charges you with the murder of Bernice Hall, on November 25, and with the murder of Wanda Gail Harcrow on November 25, and to enter a plea of guilty on that particular indictment, is that correct?

THE DEFENDANT: Yes.

THE COURT: Now, you understand, do you not, that by pleading guilty to this indictment that you are in fact admitting the charges contained in that indictment and you are saying in effect, yes, I have done those things and I have committed those acts with which they charge me?

Do you understand ...


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