APPEAL from the Circuit Court of Washington County; the Hon.
FRANCIS E. MAXWELL, Judge, presiding.
MR. JUSTICE GEORGE J. MORAN DELIVERED THE OPINION OF THE COURT:
On September 25, 1973, appellant Davis pled guilty before the Washington County Circuit Court to aggravated kidnapping and armed robbery as charged in one indictment, to the same two offenses as charged in a second indictment, and to kidnapping as charged in a third indictment. He was sentenced to not less than 6 1/2 nor more than 19 1/2 years on each charge of aggravated kidnapping, not less than 6 1/2 nor more than 19 1/2 years on each charge of armed robbery, and not less than 3 nor more than 9 years for kidnapping, the sentences to run concurrently.
Appellant raises three issues for review:
1. Whether the trial court erred in accepting the appellant's guilty pleas when the appellant previously had been found unfit to stand trial and no subsequent judicial determination was ever made that appellant had become fit to stand trial prior to entering such pleas.
2. Whether the trial court failed to comply with Supreme Court Rule 402(a)(1) (Ill. Rev. Stat., ch. 110A, par. 402(a)(1)) by failing to address appellant in open court to inform him of and to determine if he understood the nature of the charges brought against him prior to accepting the appellant's pleas of guilty.
3. Whether the convictions for armed robbery must be vacated on the ground that appellant's convictions for aggravated kidnapping and armed robbery arose from the same conduct.
In view of our holding with regard to the first issue, we need not consider the second and third issues presented by the appellant.
On May 1, 1973, appellant appeared with counsel for arraignment. Prior to and subsequent to the arraignment, but before September 25, 1973, when the appellant entered his pleas of guilty, he was examined by two psychiatrists, one chosen by the appellant's counsel and one chosen by the State's attorney. The psychiatrist examining the appellant at the appellant's attorney's request recommended that the appellant be committed to a mental institution for a period of observation in order to prevent a serious miscarriage of justice. The psychiatrist examining the appellant at the State's Attorney's request found the appellant to be mentally fit to stand trial. As a result of such conflicting reports by the psychiatrists, the trial court on May 21, 1973, conducted a competency hearing pursuant to sections 5-2-1 and 5-2-2 of the Unified Code of Corrections (Ill. Rev. Stat. 1973, ch, 38, pars. 1005-2-1, 1005-2-2). The two psychiatrists' reports were admitted as evidence, and the trial court found the appellant unfit to stand trial. It is instructive to note the trial court's specific order in this regard:
"* * * That defendant is in fact presently unfit to stand trial. Defendant is remanded to Illinois Security Hospital at Menard, Illinois.
It is further ordered that hearing be conducted in accordance with and within the time period provided in the Mental Health Code of 1967 and that upon discharge the said defendant be returned to the custody of the Sheriff of Washington County, Illinois, for further proceedings."
On arrival at the Illinois Security Hospital, the appellant was examined by a staff psychiatrist who found the appellant not to be in need of hospitalization or treatment and "fit to stand trial." His report of May 23, 1973, states the following conclusion:
"IMPRESSIONS AND RECOMMENDATIONS:
It is my professional judgment that this person is not in need of hospitalization or treatment. He understands the nature of the charge and he can cooperate with counsel. This person is fit to stand trial."
He recommended that the appellant "be returned to the Washington County authorities as soon as possible to ...