People v. Larrabee

APPEAL from the Circuit Court of St. Clair County; the Hon. W.P. FLEMING, Judge, presiding.

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

The defendant pled guilty to the crime of indecent liberties with a child in violation of Ill. Rev. Stat., ch. 38, par. 11-4(a) (3).

Before the trial court accepted the guilty plea, the following discussion on the effect and results of entering such a plea took place:

"The Court: You understand that if the court accepts your plea of guilty it is the duty of the court to decide if a penalty should be declared, and, if so, to what extent. You understand that?

The Defendant: Yes, sir.

The Court: Do you have any questions to ask the lawyer, state's attorney, or Court?

The Defendant: No.

Ass't State's Attorney: I have a few to ask him.

The Court: All right, you may question.

Ass't State's Attorney: Mr. Larrabee, do you understand that on a plea of guilty if you didn't plead you would have a right to go to trial? In other words, to have twelve people in the box of your peers to decide your guilt or innocence?

The Defendant: Yes.

Ass't State's Attorney: You understand that?

The Defendant: Yes.

Ass't State's Attorney: If you don't want a jury trial you can have a trial before the Court and you waive it, by pleading guilty ...