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People v. Short

APRIL 17, 1972.

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

v.

RICHARD SHORT, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Kankakee County; the Hon. ROBERT J. IMMEL, Judge, presiding.

MR. JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:

The defendant Richard Short raises several issues in this appeal, but we first direct our attention to whether the admonition given by the trial court before it accepted the defendant's plea of guilty is adequate.

On December 8, 1970, a jury was selected in the circuit court of Kankakee County to hear a case charging the defendant with the crimes of armed robbery and rape. The following day prior to the commencement of the trial the defendant elected to forego a jury trial and to enter a plea of guilty to the crime of armed robbery. The State in turn agreed to nolle prosse the rape charge and to recommend that any sentence received by the defendant should be served concurrently with a sentence which he was to receive for prior convictions of aggravated battery and armed violence. The court accepted the plea of guilty and sentenced defendant to a term of not less than 5 nor more than 10 years in the penitentiary.

The Supreme Court Rule then and now governing pleas of guilty provides:

"In hearings on pleas of guilty, there must be substantial compliance with the following:

(a) Admonitions to Defendant. The court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, informing him of and determining that he understands the following:

(1) * * *

(2) the minimum and maximum sentence prescribed by law, including, when applicable, the penalty to which the defendant may be subjected because of prior convictions or consecutive sentences; * * *." Chap. 110A, Sec. 402, Ill. Rev. Stat.

An examination of the record reveals the following colloquy between the court and the defendant as to the consequences of a plea of guilty to the charge of armed robbery.

"The Court: Before I can accept your plea of guilty and allow your motion to withdraw your plea of not guilty, it is my duty to fully advise you of your rights under the law and the effect and consequences of such a plea of guilty. You have been previously advised of the charge against you, Armed Robbery, and you know what the consequences of that would be?

Defendant: Yes.

The Court: Minimum of two years and an indeterminate number of years in the State Penitentiary?

Defendant: Yes."

Such an admonition clearly would not appraise the defendant of the penalty to which he might be subjected for the crime of armed robbery and falls far short of the requirements set forth in Supreme Court Rule 402. In People v. Terry, 44 Ill.2d 38, 253 N.E.2d 383, our Supreme Court held that the defendant was insufficiently admonished as to the consequences of his plea of guilty to a charge of burglary when the trial court only told him that his punishment could be an indeterminate sentence of not less than one year. Likewise in People v. Medley, 122 Ill. App.2d 279, 258 N.E.2d 392, a plea of guilty to armed robbery was vacated where it was not affirmatively shown on the record that the defendant understood the admonition that he could be "sentenced to an indeterminate term of years in the penitentiary with a minimum of not less than ...


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