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People v. Walraven

MAY 31, 1973.

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

v.

RICHARD W. WALRAVEN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Tazewell County; the Hon. ROBERT E. HUNT, Judge, presiding.

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

The defendant Richard Walraven raises several issues in this appeal, but we first direct our attention to whether the admonition given by the trial court before it accepted defendant's plea of guilty is adequate.

The defendant was indicted by the Tazewell County Grand Jury with two separate offenses committed on different occasions.

Each of the indictments returned against the defendant charge him with committing the crime of burglary. The defendant entered into plea bargaining negotiations with the State and pled guilty to both charges and was sentenced to concurrent terms of not less than 1 nor more than 10 years in the penitentiary for each offense.

In this appeal it is the defendant's contention that the trial court failed to comply with Illinois Supreme Court Rule 402(a) (2) and (c) Ill. Rev. Stat. 1971, Ch. 110A, Sec. 402(a)(2), (c).

• 1, 2 The record poses a serious question as to substantial compliance with Section (a)(2) of Rule 402, but this contention will not be discussed because the trial court's failure to comply with Rule 402(c) requires reversal of defendant's sentence of conviction and remandment to the trial court.

Chapter 110A, Section 402(c), provides:

"The court shall not enter final judgment on a plea of guilty without first determining that there is a factual basis for the plea."

The only discussion in the record which could possibly resemble determinations of the factual basis of the defendant's pleas of guilty are the following:

"THE COURT: You have been charged with the crime of burglary, and also, theft. What was the value of the property which was involved here? Was it less than $150.00?

PROSECUTION: Yes, Sir.

COUNSEL FOR DEFENDANT: Yes, sir. It was, Your Honor.

THE COURT: Are you pleading guilty for any reason other than the fact that you actually did what you were ...


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