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People v. Schrodt

NOVEMBER 16, 1972.

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

v.

BRYCE LEWIS SCHRODT, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Henderson County; the Hon. EARL A. KLOSTER, Judge, presiding.

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

On May 12, 1971, Defendant, Bryce Lewis Schrodt, entered his plea of guilty to an information charging him with aggravated battery and on November 29, 1971, he was sentenced to one to five years in the penitentiary by the Circuit Court of Henderson County.

Defendant appeals contending he was denied his right to counsel because the trial court did not properly advise him pursuant to Ill. Rev. Stat. 1971, ch. 110A, par. 401(a). The Rule provides, "The court shall not permit a waiver of counsel by a person accused of a crime punishable by imprisonment in the penitentiary without first, * * * informing him of and determining that he understand * * * (3) that he has a right to counsel and if indigent, to have counsel appointed for him by the court."

Relative to waiver of counsel the record shows the following:

"The Court: Defendant is present in court. I would say, Mr. Schrodt, that you have a right to have an attorney represent you.

Do you want an attorney to represent you?

Mr. Schrodt: No.

The Court: You don't want an attorney?

Mr. Schrodt: No.

The Court: How old are you?

Mr. Schrodt: Thirty.

The Court: How much education have you had?

Mr. Schrodt: Sixth grade.

The Court: You went through the ...


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