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People v. Warner

JANUARY 16, 1974.

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

v.

JESSE WARNER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Macon County; the Hon. RODNEY A. SCOTT, Judge, presiding.

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

The defendant entered a plea of guilty to the offense of burglary. His petition for probation was denied and he was sentenced pursuant to the terms of a negotiated plea agreement to a term of not less than 1 nor more than 10 years in the Illinois State Penitentiary. He appeals the judgment of conviction and the sentence.

While we need only consider one issue raised by the defendant upon appeal, that being whether the court adequately admonished the defendant pursuant to the requirements of Rule 402 (Ill. Rev. Stat. 1971, ch. 110A, par. 402) with reference to the acceptance of the plea of guilty, we find it necessary to state some of the background of this case in order to consider that issue.

On January 6, 1971, the defendant was charged with the offense of burglary. Upon a finding that the defendant was indigent, the public defender was appointed to represent him. Thereafter, appointed counsel filed a petition asking a determination of the defendant's competency. A jury trial was held and the defendant was found to be an incompetent person. Thereafter, an order was entered declaring the defendant to be incompetent and committing him to the Department of Mental Health.

On November 29, 1971, the State filed a petition in the circuit court seeking to again determine the issue of defendant's competence and on December 15, 1971, the record contains the following discussion:

"MR. CARPEL: Also I think there is a petition to determine competency filed by the People of the State of Illinois.

THE COURT: * * * Defendant personally present. Petition to determine competency heretofore filed again presented. Show upon said petition, Doctor Milton C. Baumann, appointed for purpose of examination and report. Petition allotted for jury trial on December 13, 1971 at 9:30 A.M.

I recognize that it is possible that it will not be ready for such trial or mental determination, but we're allotting it any way in case it would be.

Mr. Warner, that trial means not on the charge for burglary, but it's a matter of jury determination of whether you're competent to stand trial.

DEFENDANT: I see.

MR. CARPEL: This is * * * there is another cause, 71-CF-10 also.

THE COURT: Well, we can enter the same thing in each. No point in repeating ourselves.

Any questions Mr. Warner?

DEFENDANT: I don't know, Your Honor, the sheriff came over and got me Saturday, and I didn't quite understand what was ...


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