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People v. Key

MAY 30, 1975.

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

v.

ROBERT KEY, DEFENDANT-APPELLANT. — (GEORGE NEWBERG, DEFENDANT.)



APPEAL from the Circuit Court of Will County; the Hon. ANGELO F. PISTILLI, Judge, presiding.

MR. JUSTICE ALLOY DELIVERED THE OPINION OF THE COURT:

Defendant Robert Key appeals from convictions for theft following pleas of guilty and from the ensuing concurrent sentences of from 2 to 6 years in the penitentiary. Key was indicted on three counts of grand theft in Will County relating to the purchase and sale of stolen automobiles. He pleaded guilty to all three counts and to an additional information charging theft. His sentences involved concurrent terms of 2 to 6 years.

On appeal in this court, defendant contends (1) that he has been denied due process of law because of a lack of a transcript of all proceedings in the case; (2) that the plea of guilty is insufficient to establish a connection between the acts committed and the intent required to commit the crime charged; and (3) that the indictment was fatally defective in charging disassociated felonies together.

The first contention with respect to the lack of a transcript apparently was based on the original record filed in the cause which did not include a verbatim transcript of the hearing at the time the pleas of guilty were accepted. A supplemental report of proceedings, however, was filed by order of this court, and it supplies the requisite transcript so that this issue is actually moot. The report of proceedings had been prepared separately from the other documents which were contained in the common-law record, and all of such record and the report of proceedings are before this court for the purpose of review. The report of proceedings discloses that defendant was thoroughly admonished by the trial court in accordance with Supreme Court Rule 402 and that he was also properly admonished prior to waiving indictment on the fourth count in accordance with Supreme Court Rule 401 (Ill. Rev. Stat. 1973, ch. 110A, §§ 401 and 402). Defendant was represented by counsel throughout the plea hearings.

The second issue which was raised by defendant asserts that the court failed to determine that there was a factual basis for the charges in accordance with Supreme Court Rule 402(c) (Ill. Rev. Stat. 1973, ch. 110A, § 402(c)). Defendant Key contends that this is a violation of the rule and that the factual basis should have been determined before judgment. He also asserts that the element of intent was not shown.

The record shows the following discussion between the trial court and the defendant:

"THE COURT: Mr. Key, I would like to determine that your plea would have some basis in fact. Now, there's this 1972 automobile of — Pontiac automobile of Ruth Rotheimer and Peter Rehbein. What connection did you have with that automobile?

DEFENDANT KEY: Well, I bought the car knowing it was stolen.

THE COURT: You had the same information that Mr. Newberg had?

DEFENDANT KEY: Yes, sir.

THE COURT: You knew it was a stolen car and you purchased it for resale. Is that what you purchased it for?

DEFENDANT KEY: Yes, sir.

THE COURT: Intending to ...


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