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People v. Click

SEPTEMBER 19, 1974.

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

v.

ROBERT R. CLICK, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Kane County; the Hon. JOHN S. PETERSEN, Judge, presiding.

MR. JUSTICE RECHENMACHER DELIVERED THE OPINION OF THE COURT:

Defendant appeals from orders entered by the Circuit Court of Kane County on May 11, 1973, revoking probation and sentencing him to two concurrent, indeterminate terms of 2 to 7 years in the penitentiary system of the Illinois Department of Corrections.

On June 8, 1970, defendant pleaded guilty in the Circuit Court of Kane County to two burglary charges, and on July 3, 1970, upon the State's recommendation, an order was entered granting probation for 60 months. On November 2, 1972, an order of temporary revocation was entered on the State's petition based on the defendant's failure to report monthly since May of 1972 (his whereabouts being unknown), as well as on the pendency of a burglary charge at Belleville, Illinois.

On April 6, 1973, the State filed its petition to revoke probation alleging defendant's failure to comply with the conditions of his probation and further alleging that while on probation he committed five burglaries, one attempted burglary and one theft. After a hearing, the order appealed from was entered.

Defendant contends that the judgment is erroneous because it constituted a breach of a plea bargain between the defendant and the State's Attorney of Kane County, and that such plea bargain must be fulfilled.

The record discloses that on January 11, 1973, the Ogle County Public Defender, then representing the defendant, wrote a letter to the State's Attorney of Kane County stating as follows:

"We are attempting to clear up all matters involving Robert Click and offer this disposition: under Section 1005-4-2, Section B; all the charges can be consolidated in one case and after conferring with our State's Attorney, our Sheriff and Probation Officer together with a full investigation, it is our belief that he be placed on four years probation in Ogle County, the first two years to be served in the Ogle County Public Safety Building. Please inform me as to whether or not you will accept this. The other counties have accepted this procedure."

By letter dated January 22 State's Attorney Dondanville replied as follows:

"I am in receipt of your letter of January 11, 1973, concerning the above-named defendant. The procedure which you outline in your letter is satisfactory to the State's Attorney's office of Kane County.

As far as the Kane County charges are concerned, please be advised that there are three burglaries, one theft (over $150.00) and one attempt (burglary).

If you wish to proceed and have pleas of guilty entered to these charges as well as those of the other counties, please have your State's Attorney send a formal request to me, together with the necessary documentation by the defendant approving of the procedure, and I shall follow through accordingly."

By letter dated February 1, 1973, Mr. Dondanville wrote to the Ogle County State's Attorney's Office concerning this defendant, stating in part as follows:

"Please be advised that this date an Order was entered by the Circuit Court of Kane County, directing the Circuit Clerk of Kane County to transmit certified copies of the court papers concerning our five (5) charges against the above-named defendant now in your county.

The Order by its terms provides that upon a final determination of your case, that your Clerk's Office send the Kane County Circuit Clerk a certified copy of each of these Orders. This ...


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