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People v. Bolden

OCTOBER 16, 1972.

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

v.

STARLING BOLDEN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of St. Clair County; the Hon. JAMES GRAY, Judge, presiding.

MR. PRESIDING JUSTICE GEORGE J. MORAN DELIVERED THE OPINION OF THE COURT:

Defendant, along with his younger brother, Lawrence Bolden, pled guilty to the charge of burglary in violation of Ill. Rev. Stat. 1969, ch. 38, par. 19-1, and was sentenced to a term of not less than two nor more than four years in the Illinois State Penitentiary.

Before accepting their pleas, the following exchange took place:

"The Court: You gentlemen are both charged with the crime of burglary. What is the authority on minimum and maximum sentence?

Ass't. State's Attorney: I believe burglary is to an indeterminate amount of time.

The Court: Do you understand if you are convicted, the court will sentence you to one to any number of years in the penitentiary? Do you understand that?

Defendant: Yes.

The Court: You have a right to plead guilty. No one can compel you to plead guilty. If you do plead guilty, there will not be a trial. You are waiving your right to have witnesses to testify in your behalf. The court must be satisfied that this plea is voluntary. You are making this plea of your own free will? No one is forcing you or compelling you?

Defendant: Yes, sir.

The Court: The court must determine whether or not there is a factual basis for your plea. Are you satisfied [directing the question to the defendant's attorney] that these men participated in a crime?"

At this point defense counsel stated that the evidence was overwhelmingly in support of the charges contained in the indictment.

"The Court: As I understand through your attorney, you have entered into a plea bargain agreement between the state's attorney and you have agreed that your sentence should be 2 to 4 years in the penitentiary to run concurrent with any imposition of parole violation on a previous offense. It is my understanding you will apply for probation. You understand your case will be referred to the probation officer. * * * Upon filing your plea of guilty, the court finds you guilty in the manner and form as in the indictment."

The court went on to inform defendants of their right to appeal.

On appeal defendant contends that he was denied due process of law when his guilty plea was accepted by the trial court without first advising him of his constitutional right to remain silent, his constitutional right to a trial by jury, and his constitutional right to confront the ...


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