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People v. Harris

JUNE 5, 1973.

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

v.

JEROME HARRIS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of St. Clair County; the Hon. ALVIN H. MAEYS, JR., Judge, presiding.

MR. JUSTICE JONES DELIVERED THE OPINION OF THE COURT:

On February 25, 1970 defendant entered a plea of guilty to the crime of armed robbery and was given a sentence of not less than two nor more than five years in prison. The sole issue defendant raises on appeal is whether the court's admonitions as to the possible sentence were complete. Those admonitions were:

"The Court: * * * You must also understand, under your plea of guilty, the Court can adjudge you guilty of the crime of Armed Robbery as alleged in the indictment and you can be sentenced for any indeterminate term of a minimum of not less than two years.

Defendant: Yes, sir.

The Court: And the Court can fix the minimum and maximum term of such sentence. Now, knowing your legal rights, do you still persist in your plea of guilty?

Defendant: Yes, sir.

Mr. Rice (State's Attorney): Your Honor, we would ask, * * * there was a case reversed on whether the subject understood indeterminate.

The Court: Do you understand what indeterminate means, Mr. Harris?

Defendant: No.

The Court: All right. I have stated to you `indeterminate'. This means I can sentence you to any maximum length of time that I want to. Does that explain it to you?

Defendant: Yes, sir.

The Court: Is there any further explanation needed by you?

Defendant: No.

The Court: I am only talking about the maximum term, do you ...


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