APPEAL from the Circuit Court of Johnson County; the Hon.
ROBERT B. PORTER, Judge, presiding.
MR. JUSTICE EBERSPACHER DELIVERED THE OPINION OF THE COURT:
On January 5, 1975, in the circuit court of Johnson County, the defendant, James Barringer, was convicted of two charges of theft over $150 on his pleas of guilty and was sentenced to concurrent terms of one to two years to the Department of Corrections. This appeal is from the final judgment entered.
The defendant appeared in court on January 2, 1975, without counsel. The court informed the defendant that the two informations were being consolidated. The court informed the defendant of the nature of the charges against him. The defendant was informed, as follows:
"The minimum and maximum sentence as prescribed by law in each case, this is a Class III felony, provides one to ten years in the penitentiary plus a possible fine up to $10,000 in both cases there is a possibility of periodic imprisonment or probation and since this is an agreed plea today, there will be no periodic imprisonment and no probation although the Statute does provide for that."
Thereafter, the defendant waived his right to counsel and to a grand jury indictment and a preliminary hearing.
The State's Attorney established a factual basis for the guilty plea and set forth the basis of the plea bargain that had been reached. The defendant stated "Yes, Sir" in response to the question, "Is that your understanding that you would be given one to two (1-2) and both sentences to run concurrently, is that your understanding, James?"
The court below further admonished the defendant that a guilty plea would mean a waiver of his right to a jury trial, his right to confront complaining witnesses and his privilege against self-incrimination. The defendant affirmatively responded to the court's question. "You know if you plead guilty and waive your rights, there will not be any trial of any kind in this matter?"
The defendant stated that the plea was not the result of promises or threats. Thereafter, the defendant entered and the court accepted the plea of guilty to the offenses charged in the informations.
The State's Attorney then waived the presentation of any evidence in aggravation. The following colloquy then occurred:
"THE COURT: Mr. Barringer, do you wish to present evidence in either cause in favor of mitigation or excusing your act, make it look smaller?
THE COURT: The court finds the plea in each cause is voluntarily [sic]. I have found the defendant guilty and are you now ready for me to sentence him, Mrs. Webb?
THE COURT: Do you have anything else you want to say before ...