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People v. Neely

NOVEMBER 27, 1974.

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

v.

CHARLES L. NEELY, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Logan County; the Hon. JOHN T. McCULLOUGH, Judge, presiding.

MR. JUSTICE SIMKINS DELIVERED THE OPINION OF THE COURT:

Defendant, Charles Neely, appeals from convictions entered pursuant to a guilty plea for two counts of theft under $150 and from a sentence imposed of 364 days' imprisonment. Defendant contends before this court that the court erred in accepting his guilty plea because he did not understand either the plea agreement or the nature of the charges against him.

On March 4, 1974, defendant was indicted for five counts of "theft as a subsequent offense" arising from separate incidents occurring on February 7, 1974. On March 6, 1974, defendant appeared with counsel for purposes of arraignment. The trial court presented defendant with a copy of the indictment, and the record indicates that defendant read said indictment. Defendant pleaded not guilty to all counts of the indictment. Pursuant to subsequent plea negotiations, the State agreed to amend counts one and two to theft under $150 and dismiss the other counts in exchange for defendant's guilty plea and a recommended 364-day period of incarceration. On May 1, 1974, defendant appeared in court for a change of plea. The State's Attorney proceeded to state the terms of the plea agreement. The court then stated:

"Court: Mr. Neely, do you understand the terms of the agreement?

Mr. Neely: Yes sir.

Court. What do you understand the terms of the agreement to be?

Mr. Neely: I understand I won't get more than one year. That is about all I understand.

Court: You understand you will get one year. You will get 364 days in jail?

Mr. Neely: Yes sir.

Court: Do you understand that, Mr. Neely?

Mr. Neely: Yes sir.

Court: Do you understand you would plead guilty to Counts I and II of the indictment?

Mr. Neely: Yes sir.

Court: Do you understand that the other counts of the indictment ...


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