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People v. Long

JULY 30, 1975.

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

v.

JESSE W. LONG, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Winnebago County; the Hon. JOHN C. LAYNG, Judge, presiding.

MR. JUSTICE DIXON DELIVERED THE OPINION OF THE COURT:

Defendant, Jesse Long, was indicted by the Winnebago County Grand Jury for the offenses of rape, aggravated kidnapping and armed robbery. On September 24, 1973, defendant plead guilty to all three counts. At the subsequent sentencing hearing defendant was sentenced to concurrent terms of 10-25 years in prison. He appeals.

The issues on appeal are:

I. Whether the trial court should have sua sponte ordered a competency hearing to determine defendant's competency to enter a guilty plea when it was presented with evidence of defendant's history of cerebral concussion, chronic alcoholism, alcoholic amnesia, suicidal risk and other character disorders?

II. Whether the trial court had the duty to admonish defendant of the possibility of an insanity defense in the instant case?

III. Whether the trial court's admonition on the nature of the charges was insufficient compliance with Rule 402?

IV. Whether defendant's plea to aggravated kidnapping was neither intelligent nor voluntary where defense counsel and the trial court indicated to defendant that the defense of intoxication was of no value in the instant case?

V. Whether the guilty plea was not supported by a factual basis in that defendant negated an element of the charge?

VI. Whether defendant can be convicted and sentenced for both rape and aggravated kidnapping?

VII. Whether at the sentencing hearing the court considered improper evidence, i.e., juvenile arrests not resulting in adjudications of delinquency and an adult arrest not reduced to conviction?

VIII. Whether the sentence in the instant case was excessive?

I.

• 1, 2 If a bona fide doubt as to defendant's competency to enter a plea was raised in the presentence reports, the trial court would have been required to order a competency hearing. (People v. Shrake, 25 Ill.2d 141; Ill. Rev. Stat. 1973, ch. 38, par. 1005-2-1(c).) In the instant case, the reports of two psychiatrists who evaluated defendant indicated that he suffered from chronic alcoholism, alcoholic amnesia, passive aggressive personality, loss of reality and control upon excessive drinking, headaches due to cerebral concussion, and anxiety and depression suggesting suicidal risk. However, the reports also indicated that defendant had logical thought processes and that defendant gave a detailed account of the instant offenses. Both reports concluded that defendant was not psychotic and that he did meet the legal competency standard, i.e., understands the charges against him and cooperates with counsel. (Ill. Rev. Stat. 1973, ch. 38, par. 1005-2-1(a).) If a defendant meets this standard, he is competent although his mind may otherwise be unsound. (Withers v. People, 23 Ill.2d 131.) Also, even though a defendant "* * * may possess a sociopathic personality and suffer from psychological and social disturbances, these circumstances without more are not sufficient to raise a bona fide doubt as to his competence. The People v. Hammond, 45 Ill.2d 269, 259 N.E.2d 44." (People v. McElroy, 125 Ill. App.2d 237, 243.) The test for competency to plead guilty is the same as for competency to stand trial. Withers; People v. Heral, 25 Ill. App.3d 806, 323 N.E.2d 138; People v. McElroy.

• 3 The question as to whether a bona fide doubt existed as to defendant's competency was largely within the discretion of the trial court. (People v. Southwood, 49 Ill.2d 228.) The decision of the trial judge will only be reversed for an abuse of discretion. (People v. Harris, 47 Ill.2d 106.) Pate v. Robinson, 383 U.S. 375, 15 L.Ed.2d 815, 86 S.Ct. 836, cited by defendant is not on point as there defense counsel contended that the defendant was insane, the defendant's relatives testified that he was insane and the trial judge ...


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