Appeal from the Appellate Court for the Third District; heard
in that court on appeal from the Circuit Court of Grundy County;
the Hon. Robert W. Malmquist, Judge, presiding.
MR. JUSTICE RYAN DELIVERED THE OPINION OF THE COURT:
On March 10, 1972, the defendant pleaded guilty in the circuit court of Grundy County to four counts of burglary. Two additional counts were dismissed. The pleas were the result of plea negotiations between the State's Attorney and the defendant and his court-appointed counsel. The defendant was sentenced to a term of from 4 to 12 years on each count, with all sentences running concurrently. The appellate court affirmed the convictions. (15 Ill. App.3d 398.) We granted leave to appeal.
In 1970 the defendant had pleaded guilty to three felony charges and one misdemeanor charge in West Virginia. He was sentenced to six months in the county jail on the misdemeanor charge, and he was sentenced from 1 to 10 years in the penitentiary on each of the felony charges. However, the court suspended the sentences and placed the defendant on probation for 3 years, one of the conditions of which was that the defendant shall not during the period of probation violate any law of "this or any other state * * *."
On the date the guilty pleas were entered in this case the defendant, his court-appointed counsel and the State's Attorney appeared before the judge, at which time the following discussion was had:
"MR. WILDER [State's Attorney]: We wish to submit to the court a tentative plea agreement. I have advised Mr. Holderman [defense counsel] that if his client enters a plea of guilty to counts 1, 4, 5 and 6 of the indictment, each count charging burglary, that I would recommend to the court that he be sentenced to the Department of Corrections for a term of not less than 4 nor more than 12 years on each of these counts, but that they run concurrently.
If the plea is accepted, then I would move to dismiss counts 2 and 3. Count 3 is a theft arising out of the same transaction as count 1 and count 2 is an offense arising out of the same transaction as count 1. * * *
MR. HOLDERMAN [defense counsel]: So he would be pleading guilty to count 1, count 4, count 5 and count 6, is that right?
MR. WILDER: That is right, four counts.
THE COURT: Mr. Holderman, you were the attorney appointed here to represent Mr. Mahood?
MR. HOLDERMAN: Yes, I was.
THE COURT: You have discussed this plea agreement with him?
MR. HOLDERMAN: Yes, we discussed it on two different occasions, Judge.
THE COURT: Are you Lewis ...