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People v. Robinson

NOVEMBER 14, 1974.

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

v.

WILLIAM C. ROBINSON, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Macon County; the Hon. RODNEY A. SCOTT, Judge, presiding.

MR. JUSTICE SIMKINS DELIVERED THE OPINION OF THE COURT:

Defendant, William C. Robinson, appeals from his conviction pursuant to a guilty plea of the offense of theft over $150 in violation of section 16-1 of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 16-1) and from a sentence imposed of 1 to 5 years' imprisonment.

Defendant raises the following issues for resolution by this court:

(1) Whether defendant understood the nature of the charge.

(2) Whether there was a sufficient factual basis for the plea.

(3) Whether defendant was properly admonished of the maximum sentence prescribed by law.

(4) Whether defendant was properly admonished of the minimum sentence prescribed by law.

(5) Whether defendant was denied equal protection of the law because he was not afforded the protection of a juvenile.

On December 5, 1972, defendant was charged by information with the offenses of burglary and theft over $150. On January 4, 1973, defendant was indicted for the burglary. No action was taken by the grand jury on the theft charge. On March 16, 1973, defendant stated that he wished to plead guilty to theft over $150 pursuant to plea negotiations with the State. Defendant then waived his right to a grand jury indictment, but in the process of explaining to defendant his right to such an indictment the court stated:

"* * * This theft over is connected with the offense already charged of burglary, in that it says instead you committed burglary of the Ambassador Inn, in the theft over, reading, Count II, as on file, it says that you — reading — knowingly exerted unauthorized control over one General Electric colored [sic] television set, serial number so and so, belonging to the Ambassador Motor Inn of Decatur, setting forth the address of the Ambassador at 141 South Main Street, with the intent to deprive said owner permanently of the use and benefit of said property, the value of said property exceeding $150.00 in value * * *."

The court later stated in regard to the nature of the charge:

"The Court: * * * and we have to be sure you understand what you're charged with. In a nutshell you're charged with stealing a colored [sic] television from the Ambassador Motor Inn. Do you understand that?

Defendant Robinson: Yes.

The Court: Any questions in that we have gone over this several times — do you understand ...


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