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People v. Bell

MARCH 29, 1974.

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

v.

MICHAEL GLENN BELL, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Knox County; the Hon. EZRA J. CLARK, Judge, presiding.

MR. JUSTICE DIXON DELIVERED THE OPINION OF THE COURT:

The defendant, Michael Glenn Bell, pleaded guilty to a charge of attempt murder and was sentenced on October 16, 1972, by the Circuit Court of Knox County to serve 5 to 10 years in the penitentiary. He appeals that judgment, contending first that he was not properly admonished by the trial judge.

On April 14, 1972, defendant committed an armed robbery at a gas station in Galesburg, Illinois; when he was arrested for that crime on April 18, 1972, he disarmed two police officers and shot one with the officer's own pistol. While waiting trial he escaped from Knox County Jail but was captured in a few hours. As a result of a negotiated plea all charges except attempt murder were dropped.

The transcript of proceedings show the defendant's counsel and the State's Attorney indicated to the court that there had been plea negotiations resulting in an agreement. The judge asked defendant if that were true. The remaining discussion which took place follows:

"Court: You've discussed this matter, have you not, at length with your attorney?

Defendant: Yes, I have.

(Then a discussion of the details of the plea bargaining ensued between the Court, the State's Attorney and Defendant's counsel) then

Court: Now, I'm addressing my remarks to you, Mr. Bell. Do you understand that to be the agreement entered into by and between your attorney and Mr. Woolsey?

Defendant: Yes, Your Honor.

Court: You authorized your attorney to enter into such plea bargaining agreement, is that correct?

Defendant: Yes, Your Honor.

Court: Are there any questions that you want to ask of me at this time concerning that matter?

Defendant: No, sir.

Court: You understand that your plea of guilty here, of course, would amount to an admission on your part that you had done the matters and things that are alleged in Count I of the indictment, and if the matter was approved by the Court, the Court would sentence you to an indeterminate term of not less than 5 nor ...


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