APPEAL from the Circuit Court of Lake County; the Hon. LLOYD
A. VAN DEUSEN, Judge, presiding.
MR. JUSTICE ABRAHAMSON DELIVERED THE OPINION OF THE COURT:
The defendant, Donald Fields, was charged together with a co-defendant, Bruno Koziol, in a two count indictment returned on January 4, 1972, by the grand jury of Lake County for the offenses of armed robbery and robbery. Both counts of the indictment were based on the alleged robbery of William Dion on November 21, 1971.
On February 4, the defendant appeared in court and informed the trial judge, through his counsel, an assistant public defender, that he wished to plead guilty to count II of the indictment charging him with robbery. Upon inquiry by the court, the prosecutor stated that the State had agreed to nolle pross the armed robbery count upon the defendant's plea of guilty to the lesser charge. The court stated that he construed this arrangement to be a plea agreement and asked the parties to summarize the evidence. The prosecutor indicated that the State's evidence would show that Dion, a sailor stationed at Great Lakes, was picked up while hitch-hiking by Koziol and Fields. Dion was threatened by Fields and struck by a broken beer bottle. The two defendants then took his wallet, containing $134 in cash or travelers checks, and let him out of their car. Fields and Koziol both told the judge that they picked up Dion and took his wallet but denied threatening or striking him.
The court proceeded to make inquiry as to the complete agreement between the State and Fields and to thoroughly admonish him as to his rights and the effect of his plea. Part of the colloquy was as follows:
"THE COURT: No one promised you if the court feels you should not get probation, as to what the sentence should be, other than the minimum must be at least one year, and the maximum can't be more than 20 years, but in that range you understand it is entirely up to the judge; you both understand that?
MR. KOZIOL: Yes, your Honor.
THE COURT: And there are no other promises made to you at all?
THE COURT: Other than the promise by the State not to proceed with the armed robbery charge. So agreed both of you.
* * * THE COURT: You further understand that except for the agreement that the State would not proceed with the charge of armed robbery, as to whether or not you would get probation, or what its terms would be, or whether or not you are sentenced to the penitentiary for a term of not less than ...