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People v. Good

MARCH 13, 1974.

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

v.

EARL GOOD, PETITIONER-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. ALFONSE F. WELLS, Judge, presiding.

MR. JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:

The petitioner was indicted for the crime of murder and entered a plea of guilty to the charge of voluntary manslaughter. The court then sentenced him to not less than 14 nor more than 20 years in the Illinois State Penitentiary. No appeal was taken from the conviction, but relief was sought under the Post-Conviction Hearing Act. The State's motion to dismiss the petition was sustained.

On appeal, defendant contends that he was induced to plead guilty because his appointed counsel told him that if he was tried by a jury he would receive a sentence of 40-60 years, that he was not sufficiently informed of the nature of the charge, and that he was prosecuted as an adult which denied him equal protection of the laws inasmuch as he was a minor.

Prior to the acceptance of defendant's guilty plea, the following discussion took place:

"THE CLERK: Earl Good.

MR. GRAMENOS: Your Honor, in the case of Earl Good, Indictment 64-3526, I ask for leave to withdraw the previous pleas entered in this case at this time, advising the court I have discussed the case with my client, and have an interest in entering a plea of guilty to voluntary manslaughter.

THE COURT: Does the State have any objection?

MR. FLEISCHMAN: No.

THE COURT: Mr. Good, you have heard your attorney indicate that you now wish to enter a plea of guilty to the lesser included offense of voluntary manslaughter to this indictment, charging you with the offense of murder, is that correct?

THE DEFENDANT: That's correct.

THE COURT: You understand, sir, that on a plea of guilty you automatically waive your right to a trial by jury, do you understand that?

THE DEFENDANT: I understand.

THE COURT: Do you also understand that the court on a plea of guilty, could sentence you to any number of years to a maximum of 20 years in the Illinois ...


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