APPEAL from the Circuit Court of Moultrie County; the Hon.
JOHN L. DAVIS and the Hon. JOSEPH C. MUNCH, Judges, presiding.
MR. JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:
This is hardly a run-of-the-mill criminal appeal.
Singular it is, and we affirm.
Goff was tried by a jury for drunk driving, convicted, then charged with perjury, sentenced to 364 days for DUI, given a competency hearing in a bench trial, found competent, immediately pled guilty to perjury, was sentenced to 14-42 months in the penitentiary, moved to vacate his plea of guilty which was denied, and this appeal ensued.
Goff enjoyed the services of three (3) different attorneys S. John Muller for the drunk driving case, Denis J. Weber for the perjury, and Asher O. Geisler on the motion to vacate the plea of guilty.
Perhaps a chronology of the rather unique facts of these cases will be helpful:
May 5, 1975 Goff charged by complaint with driving under the influence of intoxicating liquor on May 2, 1975.
August 20, 1975 Jury returned verdict of guilty.
September 24, 1975 Goff charged by information with perjury.
May 7, 1976 Public Defender withdrew as counsel and Denis J. Weber appointed.
June 2, 1976 Attorney Weber petitioned to withdraw as attorney on both charges.
June 7, 1976 His motion was denied.
July 17, 1976 Attorney Weber's renewed motion to withdraw heard and denied.
August 9, 1976 Defendant's motion to dismiss perjury charge denied.
August 11, 1976 Motions in arrest of judgment, for new trial and to strike presentence investigation in DUI prosecution denied. Goff sentenced to 364 days and gave notice of his intention to appeal in the DUI case.
August 18, 1976 Goff waived jury in the perjury case and proceeded to competency hearing before the court and was found competent to stand trial. The State's Attorney informed court that Goff had agreed to a negotiated plea of guilty to perjury in exchange for the State's recommendation of a sentence of 14-42 months to be concurrent with the 364 day sentence in the DUI case. After the usual admonishments and compliance with Supreme Court Rule 402, the court accepted the plea of guilty. Goff waived a presentence report and was sentenced in accord with the negotiated plea agreement. Goff indicated he wished to appeal.
September 14, 1976 Goff wrote a letter to the circuit clerk requesting a new trial, alleging that he was coerced by Public Defender Denis J. Weber to plead guilty.
November 8, 1976 Attorney Asher O. Geisler, appointed by the court to represent Goff, filed a certificate stating that he had interviewed Goff at Vandalia on October 21, 1976, had examined the respective court cases herein and that he had spoken with prior defense counsel, Denis J. Weber.
November 24, 1976 Goff's motion to vacate was filed alleging (1) no factual basis for the plea of guilty to perjury, (2) he had been charged by information but had not waived his right to indictment, and (3) he had pled guilty only because he had been threatened by his counsel.
January 14, 1977 Goff's motion to vacate was ...