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People v. Grant

MARCH 22, 1974.

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

v.

PAUL GRANT, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Will County; the Hon. MICHAEL A. ORENIC, Judge, presiding.

MR. JUSTICE DIXON DELIVERED THE OPINION OF THE COURT:

The defendant, Paul Grant, was indicted for the theft of an automobile of a value of more than $150. On Sept. 13, 1971, he pleaded guilty to the charge and was sentenced by the Circuit Court of Will County to a term of not less than 1 nor more than 6 years in the penitentiary. *fn1 No appeal was taken from that judgment. A post-conviction hearing was had on April 7, 1972, and relief was denied. Defendant appeals from the order denying post-conviction relief contending that he was not properly admonished as to his right to a jury trial and the right to be confronted with the witnesses against him in violation of Supreme Court Rule 402.

The pertinent portions of the rule follow:

"In hearings on pleas of guilty, there must be substantial compliance with the following:

(a) Admonitions to Defendant. The court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, informing him of and determining that he understands the following:

(4) that if he pleads guilty there will not be a trial of any kind, so that by pleading guilty he waives the right to a trial by jury and the right to be confronted with the witnesses against him."

An examination of the transcript of proceedings indicate the following:

"The Court: Now, you have a not guilty plea in this case which entitles you to a jury trial. And we're ready to start with the jury trial tomorrow morning. You understand that, didn't you?

Grant: Right.

The Court: If you plead guilty to these Counts, there won't be a trial of any kind.

Grant: Right.

The Court: And you won't have the opportunity to confront the witnesses who testify against you as you would if you had a jury trial or a bench trial. Do you understand that?

Grant: Yes, I do."

Later the Court found that the defendant "* * * understands that upon his plea of guilty there will not be a trial of any kind, so that by pleading guilty he waives the trial, trial by jury and the ...


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