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People v. Ginder

MARCH 12, 1975.

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

v.

TERRY ALLEN GINDER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Fayette County; the Hon. GEORGE R. KELLY, Judge, presiding.

MR. JUSTICE KARNS DELIVERED THE OPINION OF THE COURT:

Defendant, Terry Allen Ginder, was convicted of attempted murder upon his negotiated guilty plea in Fayette County and was sentenced to serve from 4 to 5 years in the penitentiary.

On appeal the defendant alleges that the trial court failed to inform him of the nature of the charge and that the court failed to establish that a factual basis existed for the guilty plea. Both questions present issues of compliance with Illinois Supreme Court Rule 402. Ill. Rev. Stat. 1973, ch. 110, par. 402.

Defendant was charged by complaint and subsequently indicted for murder, attempted murder and aggravated battery. On October 8, 1973, the defendant appeared with counsel for arraignment and upon his motion, the court dismissed the murder count. The court read the attempted murder and aggravated battery counts of the indictment to the defendant. The court then advised the accused of his rights, and of the possible penalties for the offenses charged. The defendant stated that he understood the court's admonitions and entered a plea of not guilty to both charges. On November 21, 1973, counsel for the defendant filed a motion to suppress confessions allegedly made by defendant. A hearing was held and the motion was denied.

Subsequently on January 21, 1974, the accused again appeared in court. At the beginning of this hearing, the following exchange occurred:

"THE COURT: Yes, Thursday, Now, Mr. Ginder, the Attorneys have advised me that they have reached an agreement in this case, and have you had a chance to discuss this?

TERRY ALLEN GINDER: Yes.

THE COURT: And gentlemen, let me first establish your age, Mr. Ginder?

TERRY ALLEN GINDER: Nineteen.

THE COURT: Nineteen years old. And do you understand that there are two charges against you, one is Attempted Murder, the second count is Aggravated Battery?

TERRY ALLEN GINDER: Yes, Sir.

THE COURT: You understand that to be the two charges pending against you?

TERRY ALLEN GINDER: Yes, Sir."

The court then advised the defendant of the possible sentences for attempted murder and aggravated battery. Following this admonition, the State's attorney outlined the plea bargain that had been reached. Under this agreement, the defendant would plead guilty to attempted murder and receive a sentence of 4 to 5 years, and the charge of aggravated battery and an unrelated charge pending in another county would be ...


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