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People v. Lundeen

OPINION FILED DECEMBER 23, 1977.

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

v.

JAY FREDERICK LUNDEEN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Kane County; the Hon. JOHN A. KRAUSE, Judge, presiding.

MR. JUSTICE NASH DELIVERED THE OPINION OF THE COURT:

Defendant entered a plea of guilty to the offense of burglary and was sentenced to a term of four to 12 years imprisonment to be served consecutively to an earlier term of imprisonment to which he had been sentenced for involuntary manslaughter. He appeals contending he was not admonished by the trial court of the possibility of a consecutive sentence and his guilty plea must, therefore, be vacated.

On June 16, 1976, defendant and his counsel appeared before the trial court and tendered a plea of guilty to the pending burglary charge against him. The plea was not negotiated. The court generally admonished defendant as is required by Supreme Court Rule 402 (Ill. Rev. Stat. 1975, ch. 110A, par. 402), but with regard to the minimum and maximum sentence prescribed for the offense informed defendant as follows:

"THE COURT: * * * [T]hat's a second class felony, and that's punishable by from one to twenty years in the penitentiary, followed by a three-year period of parole, and up to a $10,000 fine, did you know that?

THE DEFENDANT: Yes, I do now.

THE COURT: All right. Also you can apply for probation or conditional discharge. I take it you wish to do that?

THE DEFENDANT: Yes."

After determining the factual basis for the plea and otherwise complying with Rule 402, the trial court accepted defendant's plea of guilty, allowed him to file an application for probation and ordered that a presentence investigation be conducted.

A partial sentencing hearing was held on July 30 where it was disclosed to the court that defendant had previously been convicted of burglary and theft and was at the time of the commission of his current offense in the custody of the Department of Corrections on a work release program while serving a previously imposed sentence of four to 12 years for involuntary manslaughter. A further sentencing hearing was held September 1 during which the following colloquy occurred between defense counsel, the judge, the prosecutor and defendant:

"MR. COOPER [defense counsel]: * * * He's going to do whatever time he's sentenced to under the statutes of this State consecutively with what he's doing now.

THE COURT: What's he doing now?

MR. COOPER: You'll have to tell us.

MR. WEILAND [prosecutor]: Four to twelve.

THE DEFENDANT: My time will be 1980 when ...


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