APPEAL from the Circuit Court of Macon County; the Hon. RODNEY
A. SCOTT, Judge, presiding.
MR. JUSTICE SIMKINS DELIVERED THE OPINION OF THE COURT:
Defendant-appellant Louis H. Bauswell was convicted, on a plea of guilty, of the crime of Indecent Liberties With a Child in violation of Ill. Rev. Stat. 1969, ch. 38, sec. 11-4(a)(3). On August 17, 1971, the defendant appeared in open court, with counsel of his own choice, and the record establishes the following:
"MR. JOHNSON (defendant's counsel): Your Honor, the defendant at this time offers to withdraw his plea of not guilty, and enters a plea of guilty to the charge of indecent liberties with a child, under the information, indictment in 71 CF 87.
THE COURT: Show the offer to plead guilty. I assume by now there's no question in the mind of the defendant what the nature of the charges are? You understand what they accuse you of doing?
This excerpt contains the court's only reference to the nature of the charge. Subsequently the following exchange occurred:
"THE COURT: Along that line I saw a post-conviction petition for this charge recently in which the defendant said, I wasn't guilty but I did it to spare the complaining witness, alleged victim, I'd rather go to prison than make her testify in court, is what he said. Is it, is that the situation here, that you're doing this to shield some it would be the complaining witness it's a child. I assume it's your child by the name.
THE COURT: And in that case he stated I did it in order to spare my child court appearances. Is that the case here?
DEFENDANT: That's part of it, Your Honor.
THE COURT: Well, that's not enough. In that we don't want any innocent person to plead guilty to any offense.
DEFENDANT: She's mentally retarded, I'd hate to put her through a jury trial.
THE COURT: Well, I'm sure no one would want to see a child put in this position. But on the other hand, this is a serious matter and we wouldn't want anyone ...