APPEAL from the Circuit Court of Cook County; the Hon. ROBERT
J. DOWNING, Judge, presiding.
MR. JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:
The defendant, Aaron Merritt, was indicted for the crimes of armed robbery and burglary in separate indictments. Following a plea of guilty for both offenses, the defendant was sentenced to a term of from two to six years in the Illinois State Penitentiary. On appeal, both indictments are considered herein.
The sole issue presented for review is whether the trial court failed to observe the procedure prescribed in Supreme Court Rule 402 governing pleas of guilty.
On April 17, 1972, the defendant, Aaron Merritt, withdrew his plea of not guilty for the offense of armed robbery and entered a guilty plea. The defendant changed his plea subsequent to a conference between the trial judge, the prosecutor and his attorney. Prior to accepting the guilty plea, the court advised the defendant that if he entered a guilty plea he would waive his right to a jury trial as well as his right to confront the witnesses against him. The court also inquired why the defendant was pleading guilty; inquired if any threats were made to obtain the plea; and advised the defendant he could still plead not guilty or persist in his plea of guilty. As to the sentence which could be imposed, the trial judge stated that under the statute, the court was permitted to sentence the defendant to any indeterminate number of years with a minimum of two years. The court then asked the following question:
"COURT: You understand there has been a conference and that in that conference the court has indicated that upon a plea of guilty to this indictment the court would sentence you on this case concurrent with another case that is still pending, 2390, I believe it is, to a concurrent term of not less than two nor more than six years, do you understand?
The court then accepted the guilty plea and sentenced the defendant to a term of from two to six years.
At the defendant's request, the cause was then passed to the end of the call. At that time the defendant withdrew his plea of not guilty for the offense of burglary and entered a guilty plea. The trial judge told the defendant he could be sentenced to any indeterminate number of years with the minimum of one year. The following exchange then took place:
"COURT: Do you understand the possible sentence?
COURT: You recall all the other questions that the court asked you this morning?
COURT: And it is your desire to then withdraw your plea of not guilty heretofore entered in this indictment ...