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People v. Martinez

OCTOBER 4, 1972.

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

v.

INGINIO CRUZ MARTINEZ, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JOSEPH A. POWER, Judge, presiding.

MR. JUSTICE ADESKO DELIVERED THE OPINION OF THE COURT:

The defendant, Inginio Martinez, pleaded guilty to one count of murder and two counts of attempted murder. He was sentenced to the penitentiary for not less than 14 years, nor more than 40 years for murder and not less than 10 years, nor more than 20 years for each count of attempted murder, the sentences to run concurrently. Subsequently, defendant filed a pro se petition under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1969, ch. 38, par. 123-1 et seq.) The Circuit Court granted the State's motion to dismiss the petition and the defendant's appeal is from the order of dismissal. In his petition, the defendant contends:

1. That he was denied the procedural requisites of the Fourteenth Amendment Due Process as the record does not disclose that he was admonished of nor that he understood the consequences of his guilty plea;

2. That the Due Process and Equal Protection clauses of the Fourteenth Amendment were violated by the court's failure to provide an official court reporter who could transcribe the English portion of the proceedings into Spanish and the Spanish portion of the proceedings into English; and

3. That his fear of being sentenced to death if he did not plead guilty placed an unconstitutional condition upon the exercise of his right to assert the privilege against self-incrimination and his right to a jury trial.

Defendant's first contention was that his guilty plea was not intelligently and understandingly made. Defendant's private attorney stated in court that "after duly consulting with Mr. Martinez, in his own language and consulting with the various members of his family, and being fully advised of the consequences of his plea, he wishes to give the court a plea of guilty."

The following discourse took place among the trial judge, defendant's attorney and the defendant.

"THE COURT: Very well, I would like the record to show, Mr. Bradley, that you are conversant with the Spanish language, is that right?

MR. BRADLEY: Yes, sir.

THE COURT: State for the record, what your knowledge of the Spanish language is.

MR. BRADLEY: All right, your honor. I am a native of Algeciras, province of Andalusia, in the kingdom of Spain. I am bilingual since birth. I am a graduate of the University of Madrid Law School and thereafter, upon coming to this country, I again engaged in law school because my civil law education was unacceptable, and thereafter I have had many clients of both Spanish, Puerto Rican and other Spanish speaking people.

THE COURT: And you have no difficulty understanding Spanish.

MR. BRADLEY: None at all. I am bilingual.

THE COURT: I must advise Mr. Martinez that when he pleads guilty he automatically waives his right to a ...


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