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People v. Coleman

OCTOBER 7, 1974.

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

v.

HENRIETTA COLEMAN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES M. BAILEY, Judge, presiding.

MR. PRESIDING JUSTICE EGAN DELIVERED THE OPINION OF THE COURT:

The defendant, Henrietta Coleman, was indicted for murder and pleaded guilty to voluntary manslaughter pursuant to a plea bargaining agreement. She was sentenced to 5 to 15 years in the Illinois State Penitentiary. She contends that she was not properly admonished as to the necessary elements of voluntary manslaughter nor to the maximum sentence that would be imposed.

When the case was called the following ensued:

"State's Attorney: Henrietta Coleman is before the court, Judge, in indictment 72-1904. There has been in this case a continuing conference and I have conferred with Mr. Williams [Defense Attorney] and there has been certain offers and recommendations made on a reduced charge of voluntary manslaughter to Mr. Williams for conveyance to Henrietta Coleman.

Namely, in return for a plea of guilty in this cause on this indictment the State would reduce the charge from murder to voluntary manslaughter, in return for a plea, to an agreed sentence of 5 to 15, is that correct, Mr. Williams?

Defense Attorney: That is correct.

State's Attorney: That has been conveyed to Mrs. Coleman?

Defense Attorney: Yes, that's right. At this time, your honor, we would withdraw our plea of not guilty to murder and enter a plea of guilty to voluntary manslaughter.

The Court: The lesser included offense, is that correct?

Defense Attorney: That's correct, your honor.

The Court: Is that correct, ma'am?

The Defendant: Yes, sir.

The Court: You understand you are pleading guilty that you did, on April 21st, 1972, commit the offense of voluntary manslaughter in that you did kill one Jason Schivers, is that correct, ma'am?

The Defendant: That's right, sir."

The record reflects that the defendant was then asked whether she understood that she was waiving her right to a trial and to the right to confront the witnesses against her. To each question she ...


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