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People v. Barker

NOVEMBER 21, 1974.

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

v.

WILLIAM JOHN BARKER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of McLean County; the Hon. SAMUEL GLENN HARROD, III, Judge, presiding.

MR. JUSTICE SIMKINS DELIVERED THE OPINION OF THE COURT:

Defendant, William John Barker, appeals from a revocation of his probation and from a sentence imposed of 3 years and 4 months to 10 years. Defendant raises the following issues for resolution by this court: (1) Whether defendant effectively waived his right to counsel at his arraignment for probation revocation, and (2) Whether the court erred in failing to grand defendant credit for time spent in the county jail and on probation for the charge in question.

On July 7, 1973, defendant pleaded guilty to the offense of theft of property over $150 in violation of section 16-1 of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 16-1) and was sentenced to 3 years' probation. On October 25, 1973, a petition to revoke defendant's probation was filed, and on October 31, 1973, a warrant was issued on the petition. An arraignment hearing was held on the petition to revoke on January 9, 1974. At the hearing defendant acknowledged that he received a copy of the petition to revoke. The following colloquy then occurred:

"Court: Do you have an attorney?

Defendant Barker: I think Gesell. I am not for sure.

Court: Well, what I mean is have you hired an attorney yourself?

Defendant Barker: No, sir.

Court: Do you wish to have an attorney appointed to represent you?

Defendant Barker: I don't care.

Court: Well, either you want an attorney or you don't. Do you want to have an attorney?

Defendant Barker: No, I don't think it will be necessary."

Defendant then pleaded not guilty to the probation violation and stated that he desired a hearing. The colloquy regarding counsel then continued:

"Court: But you don't want to have ...


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