APPEAL from the Circuit Court of Knox County; the Hon. DANIEL
J. ROBERTS, Judge, presiding.
MR. JUSTICE ALLOY DELIVERED THE OPINION OF THE COURT:
Defendant Alan Robinson appeals from an order of the Circuit Court of Knox County dismissing his supplemental petition for post-conviction relief without an evidentiary hearing. On appeal, defendant argues that he was entitled to an evidentiary hearing on his supplemental petition because the petition and supporting affidavit alleged the breach of a plea agreement.
It is noted from the record that defendant was indicted with the offenses of aggravated kidnapping, kidnapping, armed robbery, robbery, intimidation, burglary, aggravated battery, unlawful use of weapons, and aggravated assault. These charges arose from an incident on November 2, 1974, when defendant and an accomplice, both armed with sawed-off shotguns, entered a residence at 1:30 a.m., held the husband and wife residents captive until after daybreak, and then held the wife hostage while sending the husband to his bank for the purpose of withdrawing ransom money. On January 24, 1975, defendant, accompanied by court-appointed counsel, appeared in court and pleaded not guilty to each count of the indictment.
On April 25, 1975, defendant appeared in court, withdrew his plea of not guilty to the burglary count of the indictment, and entered a plea of guilty to that count pursuant to a plea agreement. Prior to allowing defendant to withdraw his not-guilty plea, the court questioned defendant, ascertaining that defendant had thoroughly discussed the change of plea with his appointed counsel, that defendant was aware of the possible sentence on the charge of burglary, and that defendant was aware that he was waiving his rights to a jury trial, to present witnesses on his behalf, and to confront the witnesses against him. The court then determined the conditions of the negotiated plea as follows:
"BY THE COURT: What is the plea negotiation * * *?
BY MR. STOFFEL [Defendant's counsel]: The plea negotiation was that the Defendant would receive as a sentence on Count VI [the burglary count] to which the guilty plea is being tendered; a sentence of not less than two nor more than six years in the penitentiary. Further negotiations include a dismissal of the remaining eight counts of the indictment, and also dismissal of all other pending charges against Defendant in this county. * * *
BY THE COURT: Does that property [properly] state the arrangement?
BY MR. WOOLSEY [State's Attorney]: It does indeed.
BY THE COURT: Do you understand that, Mr. Robinson?
BY THE COURT: The Court is aware of the plea arrangement.
The Court has no objections to that negotiated plea. However, I would like to further advise you that if the Court proceeds and sentences you according to this negotiated plea arrangement, do you realize that you are waiving your right to have a presentence report and a hearing in aggravation and mitigation, and by that I mean that you will be sentenced to not less than two nor more than six years to the penitentiary, and you are waiving your right to have any further hearing as to why you should be granted leniency in this case. Do you understand that?
The court further questioned ...