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People v. Anderson

FEBRUARY 22, 1973.

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

v.

BARNEY LEE ANDERSON, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. SAUL A. EPTON, Judge, presiding.

MR. JUSTICE MCGLOON DELIVERED THE OPINION OF THE COURT:

On May 21, 1971, the defendant, Barney Lee Anderson, pled guilty to an indictment charging him with the offenses of murder, aggravated kidnapping, attempted deviate sexual assault, attempted rape and armed robbery. For the offense of murder he was sentenced to not less than 30 nor more than 95 years; for the offense of aggravated kidnapping he was sentenced to 30 to 95 years; for the offense of attempted deviate sexual assault he was sentenced to 5 to 10 years; for the offense of attempted rape he was sentenced to 5 to 10 years; and for the offense of armed robbery he was sentenced to 30 to 95 years, with all five sentences to run concurrently. In this appeal the defendant contends that it was error for the trial judge to accept his plea of guilty because he did not make a voluntary and understanding waiver of his right to a jury trial and the trial judge's admonishments did not comply with Illinois Supreme Court Rule 402. (Ill. Rev. Stat. 1971, ch. 110A, par. 402.) The defendant also argues that the sentence imposed upon him by the trial judge was excessive and should be reduced.

We affirm.

On February 16, 1970, the defendant and a co-defendant were charged with the offenses that allegedly occurred on January 28, 1970. Between the date of his indictment and the date of his guilty plea the defendant was given three psychiatric examinations.

In April, 1970, on a defense motion, the defendant was examined by the Behavior Clinic of the circuit court. In June, 1970, the court granted a defense petition that the defendant be given a neurological examination at Mount Sinai Hospital by a private physician. The physician's report showed no gross evidence of neurological impairment. In April, 1971, the court granted a defense motion to have the defendant examined by the Psychosomatic and Psychiatric Institute, Michael Reese Hospital. The examining physician's report stated that the defendant, a man of average intelligence, has little self-control and is capable of strong reactions of almost psychotic proportions when under emotional stimulation. These reports were submitted to the trial judge and were made part of the record in this case.

On May 21, 1971, the defendant and his appointed attorney, Mr. Sherman Magidson, appeared before the trial judge and the following colloquy occurred:

"MR. MAGIDSON: I would like, however, your Honor, or I would appreciate it if the case would be passed for ten or fifteen minutes, to have an opportunity to discuss it with my client.

THE COURT: We will pass the case until sometime as you have finished your conference with Barney Anderson.

[After an interval of time, the following proceedings were had:]

THE CLERK: Barney Anderson.

THE COURT: Barney Anderson, I am advised by your lawyer, Mr. Sherman Magidson, that you wish to waive a jury trial. Is that correct?

MR. ANDERSON: That is correct.

THE COURT: Do you know how many people there are on a jury trial?

MR. ANDERSON: Twelve.

THE COURT: What do these 12 people decide?

MR. ANDERSON: The destiny of human life.

THE COURT: That is correct; whether you are innocent or guilty, is that correct?

MR. ANDERSON: Yes.

THE COURT: Now, knowing that, do you wish to waive your right to a jury trial and submit your case to this Court without a jury?

MR. ANDERSON: Yes.

THE COURT: If you do, you may sign the jury waiver which is being handed to you now by your ...


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