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People v. Kollmann

NOVEMBER 14, 1975.

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

v.

BETTY KOLLMANN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Effingham County; the Hon. JACK M. MICHAELREE, Judge, presiding.

MR. JUSTICE KARNS DELIVERED THE OPINION OF THE COURT:

Rehearing denied December 12, 1975.

Defendant-appellant, Betty Kollmann, was convicted of forgery and deceptive practices upon her plea of guilty in Effingham County. She was sentenced to from one to three years for forgery and 364 days for deceptive practices, the sentences to run concurrently. On appeal, she contends that the court failed to comply substantially with Supreme Court Rule 402 (Ill. Rev. Stat. 1973, ch. 110A, par. 402) and that the sentencing proceedings were improper.

The record indicates that the two charges arose from separate transactions. The forgery charge was based on a check, admittedly written and issued by the defendant to a business in Effingham, Illinois. The ten dollar check, drawn on the Effingham State Bank, was signed "Betty Warner." The name "Warner" was that of a man with whom defendant was living at the time. The deceptive practice charge was based on a $11.03 check, allegedly drawn on the First National Bank of Altamont, Illinois, and issued to an Effingham merchant. That check was signed "Betty Kollmann."

Defendant first contends that the court failed to determine that a factual basis existed for the plea of guilty to forgery. The trial court asked the State's Attorney to provide the factual basis for the plea. He simply paraphrased the language of the complaint, defendant having previously waived indictment. The following then transpired:

"The Court: Is that what happened, Betty?

Mrs. Kollmann: I didn't do it to hurt anybody else. I went by that name for a long time. That's the way I signed the check — I didn't sign it Betty Kollmann.

The Court: But your name is Betty Kollmann, is that right?

Mrs. Kollmann: Uh-huh.

The Court: The court finds there is a factual basis for the plea."

The court then proceeded with sentencing. The State's Attorney recommended a sentence of from two to six years, stating that defendant had written eleven worthless checks under the name "Warner" and eight under the name "Kollmann":

"The Court: They were returned?

Mr. Schneiderjon [State's Attorney]: They were returned by the bank of no ...


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