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People v. Holmes

APRIL 23, 1974.

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

v.

HERMAN HOLMES, DEFENDANT-APPELLANT.



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

MR. JUSTICE STOUDER DELIVERED THE OPINION OF THE COURT:

After pleading guilty to the offense of voluntary manslaughter the defendant, Herman Holmes, was sentenced by the circuit court of Will County on September 10, 1971, to a term of from 4 to 12 years in the penitentiary. On this appeal defendant urges the record fails to show his plea was voluntarily and understandably made because the court failed to properly admonish him of the nature of the offense charged. This is the only respect in which defendant claims any deficiency in the court's compliance with Supreme Court Rule 402. Ill. Rev. Stat. 1971, ch. 110A, sec. 402.

Defendant was initially charged with murder but after plea negotiations the defendant agreed to plead guilty to the offense of voluntary manslaughter if the murder charge was dropped. No recommendation on sentence was included in the plea bargain. A hearing was held with respect to the waiver of indictment and after such waiver was accepted by the court, the defendant pleaded guilty to a charge contained in an information of voluntary manslaughter.

Relevant to the nature of the offense charged, the following appears from the record at the hearing on waiver of indictment:

"Q. You promise if there is anything that is not clear in your mind you will ask questions and find out what the problem is?

A. I will.

Q. All right. Now, the State has filed a paper called an information which charged you with the offense of voluntary manslaughter. It says that on or about May 29, 1971, you killed Homer Trammel, without lawful justification. I'n not going to read it all to you. I'm just going to tell you generally what it's about.

MR. VINSON: Your Honor, the record can show that we have a copy of it and Mr. Holmes has read it.

THE COURT: All right.

MR. VINSON: That is the copy we have.

THE COURT: Now, Mr. Holmes, the charge of voluntary manslaughter is that you killed Homer Trammel, you didn't have any legal right to do it, you shot him with a gun, and that was near 362 North Bluff Street, City of Joliet, Will County, Illinois. And at the time you shot him you were under an intense passion. Do you understand what I said?

MR. HOLMES: Yes.

[EXAMINATION BY THE COURT: Continuing]

Q. Resulting from serious provocation. That charge says that Homer Trammel provoked you. ...


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