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People v. Stringfellow

MAY 5, 1972.

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

v.

JIMMIE W. STRINGFELLOW, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. L. SHELDON BROWN, Judge, presiding.

MR. PRESIDING JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

This appeal arises from the denial of petitioner's request for post-conviction relief under Ill. Rev. Stat. 1969, ch. 38, par. 122-1 et seq. He appeals contending that his plea of guilty to a murder charge was not voluntary as it was made only after the trial judge erroneously denied defense motions to suppress identification testimony and physical evidence and to provide, for use at trial, a transcript of the hearings held on those motions.

On August 22, 1968, defendant through his court appointed attorney, withdrew his previously entered plea of not guilty and entered a guilty plea. This colloquy followed:

"THE COURT: Jimmie Stringfellow, you know what a jury trial is?

THE DEFENDANT: Yes, Your Honor.

THE COURT: And you realize that when you withdraw your plea of not guilty and enter a plea of guilty, you automatically waive your right of trial by jury?

THE DEFENDANT: Yes, Your Honor.

THE COURT: And this is what you want to do and want it submitted to the Court on a plea of guilty?

THE DEFENDANT: Yes.

THE COURT: On a plea of guilty I can sentence you to the penitentiary for a term of not less than fourteen years and any number of years thereafter, even up to 200 years or more.

I could also give you the death sentence.

Now, knowing this, do you still persist in your plea of guilty?

THE DEFENDANT: Yes, Your Honor."

The court proceeded to receive a stipulation of facts supporting the conviction and thereafter entered judgment on the plea. The court asked defendant if he was satisfied with the services of his attorney; defendant responded affirmatively. The court asked defendant whether his plea of guilty was the result of force or coercion of any kind; defendant responded negatively, and further affirmatively answered the court's inquiry, "And you did this voluntarily and under your own free will?" After a hearing in ...


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