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People v. Williams

MARCH 5, 1975.

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

v.

TED WILLIAMS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Peoria County; the Hon. CALVIN R. STONE, Judge, presiding.

MR. JUSTICE STOUDER DELIVERED THE OPINION OF THE COURT:

Defendant, Ted Williams, was charged by indictment with two counts of attempt murder and two counts of aggravated battery. On September 11, 1972, he pleaded guilty to one count of aggravated battery and was sentenced by the circuit court of Peoria County to a term of from 1 to 3 years to the Department of Corrections. The other counts were dismissed. Defendant's guilty plea was not the result of a plea bargain or any agreement concerning a recommended disposition.

On this appeal the principal question presented is whether the record discloses defendant's guilty plea was voluntarily and understandably made. Defendant's claim was the court erred in accepting his plea of guilty after he advised the court that he was not guilty. The court admonished the defendant in detail as required by Supreme Court Rule 402 (Ill. Rev. Stat. 1971, ch. 110A, par. 402) and there is no contention made that any particular admonition as required by Rule 402 was inadequate.

"The judge advised Ted Williams of the possible penalties which could be imposed on such a plea and of his right to trial by jury and to confront the witness against him. The judge then asked the State's Attorney:

THE COURT: All right. Mr. Courson, would you describe to the Court the facts to which the witnesses would testify in connection with each of these cases if there were to be a trial?

MR. COURSON: Your Honor, my knowledge of the facts is sketchy, but briefly it is my understanding that there was an altercation involving these two people and the victim as alleged in the Indictment, Will Singleton, and that these people approached the automobile in which Mr. Singleton was riding and each of them fired a pistol or a firearm into the window of the car striking him and causing him severe bodily harm.

The judge then asked Ted Williams:

THE COURT: Do you know of any reason why you should not plead guilty to Count III of the Indictment?

TED: Do I know? I was tryin' to defend myself.

THE COURT: Are you pleading guilty to Count III of the Indictment, which charges you with Aggravated Battery, because you are guilty of the charge in Count III?

TED: Yes.

THE COURT: Are you guilty of doing the act or acts as charged in that Count?

TED: Yes.

The trial judge determined that there had been no plea ...


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