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People v. Townsend

SEPTEMBER 13, 1974.

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

v.

ERNEST TOWNSEND, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR L. DUNNE, Judge, presiding.

MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT:

Defendant entered a plea of guilty to an amended indictment charging him with the offense of robbery (Ill. Rev. Stat. 1971, ch. 38, par. 18-1) and was sentenced to from 1 to 6 years. On appeal he contends that the trial court's admonishment as to the possible minimum sentence he could receive was erroneous, and that the "possible effect" of this admonishment was to induce his plea of guilty.

Defendant was initially charged with the offense of armed robbery. On motion of the state the indictment was amended to read "robbery." Pursuant to a conference with the State's Attorney, defendant withdrew his plea of not guilty to armed robbery and entered a plea of guilty to robbery. Pursuant to Supreme Court Rule 402 (Ill. Rev. Stat. 1971, ch. 110A, par. 402) the trial court admonished him as follows:

"The Court: You waive preliminary hearing in the indictment?

The Defendant: Yes, sir.

The Court: Mr. Townsend, how old are you?

The Defendant: Thirty-one.

The Court: How much schooling have you had?

The Defendant: Ten and a half.

The Court: The State, with agreement and consent of your lawyer, has amended this indictment No. 72-3191, charging that you, on May 5, 1972, at and within said county, Ernest Townsend committed the offense of robbery, in that he, by use of force, took an amount of U.S. Currency from the person of Sandra Green, in violation of the State Statutes. Do you understand that?

The Defendant: Yes.

The Court: How do you plead to that charge, guilty or not guilty?

The Defendant: Guilty.

The Court: You understand when you plead guilty to an indictment of this type, you give up or waive certain rights. Among these rights is your absolute right to have a trial by a jury of 12 men or women, who, in the event they find you guilty, they must vote for your guilt unanimously and who would be selected by ...


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