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People v. Lambrechts

OPINION FILED SEPTEMBER 1, 1976.

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

v.

JEFFREY LAMBRECHTS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Du Page County; the Hon. BRUCE R. FAWELL, Judge, presiding.

MR. JUSTICE DIXON DELIVERED THE OPINION OF THE COURT:

Defendant Jeffrey Lambrechts was indicted by a Du Page County grand jury for one count of burglary. Defendant pleaded guilty and was sentenced to 6 to 20 years. On appeal defendant contends that the court erred in refusing to let defendant withdraw his guilty plea following imposition of the sentence, that he is entitled to a new sentencing hearing and that the 6- to 20-year sentence is excessive.

To properly dispose of defendant's claim, it is necessary to fully review the record surrounding the entry of the plea. When the case was called for jury trial May 5, 1975, the State's Attorney informed the court that he and defense counsel had reached the following agreement: that defendant would plead guilty and that the State would recommend that defendant be sentenced to 18 to 54 months to be served concurrently with a 1- to 3-year sentence from Kane County. The defendant and defense counsel confirmed that that was the agreement. The court then stated:

"THE COURT: You are going to serve 18 to 54 months on this charge, concurrent with the one to three charge, no matter when you serve that?

Do you understand the 18 to 54 would start in this case as soon as you are sentenced? Do you understand that?

MR. LAMBRECHTS: Yes.

THE COURT: All right.

The plea agreement has been stated, and I assume the defendant understands it. He says he understands it."

The court next had the indictment read to defendant and ascertained that defendant understood the charge against him. The court then asked for a statement of facts, and the State detailed what the evidence of some five witnesses would show. Upon being asked by the court if the statement of facts was correct, defendant disputed a minor point, and then the following colloquy took place:

"THE COURT: How about the other part? Is that substantially correct?

MR. LAMBRECHTS: Yes.

THE COURT: Did you burglarize the building we are talking about?

MR. LAMBRECHTS: Yes.

THE COURT: So that's it? You are guilty of the offense?

MR. LAMBRECHTS: Yes.

THE COURT: That is why you are pleading guilty?

MR. LAMBRECHTS: Yes.

THE COURT: Mr. Lambrechts, before I can accept your plea, it is my duty to admonish you as to the consequences of your plea and also make sure that you ...


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