APPEAL from the Circuit Court of Kane County; the Hon. JOHN S.
PETERSEN, Judge, presiding.
MR. JUSTICE THOMAS J. MORAN DELIVERED THE OPINION OF THE COURT:
The defendant was indicted for burglary, pled guilty and, after denial of probation, was sentenced to serve one to five years.
• 1 A portion of the burglary indictment recites that the defendant did "knowingly enter or remain within the building of William Guy Roberts, known as the Buy Rite Grocery Store * * * with intent to commit therein a felony or theft." Because the words "without authority," found in the statute, were not included in the charge, defendant claims the indictment invalid. We hold that the indictment, under the circumstances, is valid. The basis for our holding is found in a recent appellate opinion where the identical issue was decided. See, People ex rel. McLain v. Housewright, 9 Ill. App.3d 803; 293 N.E.2d 911 (1973); appeal denied, 53 Ill.2d (No. 45790, May 31, 1973).
Defendant further contends the trial court failed to properly admonish him under Supreme Court Rule 402 prior to acceptance of his plea of guilty. We agree.
On January 7, 1971, the defendant and two co-defendants were arraigned under the same burglary charge. After appointing counsel who was present in court at the time, the court stated:
"All three of you are entitled to be tried by a jury or a trial before the court. Burglary carries a penalty of possible imprisonment in the penitentiary of not less than one year nor more than infinity. The only way I know to explain infinity is the end of the world."
After this statement, to which there was no response, the defendant was furnished a copy of his written statement, a list of witnesses to an oral statement and a copy of the indictment. The court then said:
"I take it you are entering a plea of not guilty and requesting a jury trial?"
"That is correct, your Honor."
Defendant next appeared before the court on March 8, 1971, represented by different counsel, who stated:
"I have had a discussion with Mr. Alequin * * * regarding the file that I think is sufficient at this time to make a motion to withdraw the plea of not guilty and enter a plea of guilty. And I have prepared a written plea to that effect.
Court: Has Mr. Alequin signed that?
Counsel: Not yet, your Honor. Your Honor, he had previously read it. I was just waiting to get ...