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People v. Gramlich

OPINION FILED MARCH 13, 1979.

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

v.

JAMES J. GRAMLICH, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Bond County; the Hon. JOHN L. DeLAURENTI, Judge, presiding.

MR. JUSTICE JONES DELIVERED THE OPINION OF THE COURT:

The defendant, James J. Gramlich, appeals from convictions on two burglary charges and one attempt (burglary) charge entered upon negotiated pleas of guilty before the circuit court of Bond County. Defendant was sentenced to the Department of Corrections in accord with the negotiations for not less than two years nor more than six years on each conviction. Said sentences were to be served concurrently.

• 1 The State initially contends that the appeal should be dismissed, because the defendant failed to file a motion to vacate his plea of guilty pursuant to Supreme Court Rule 604(d) (Ill. Rev. Stat. 1977, ch. 110A, par. 604(d)). After imposing sentence the court stated to defendant:

"All right. Sentence will be carried out. Finally Mr. Gramlich, you have a right to file a Motion to Vacate the pleas and judgments of guilty heretofore entered. To protect that right, you must file that Motion within 30 days. Failure to file it would waive any claim of error in these proceedings. Should it be filed and allowed, the cases would start over from their inception point and set down for trial. In the event that you are an indigent person, you have a right to request the Court to appoint you counsel and provide you copies of this transcript without any charge. Do you understand your Motion to Vacate Plea and Judgment of Guilty?

DEFENDANT GRAMLICH: Yes, sir.

THE COURT: It must be filed within 30 days or you waive any claim of error in these proceedings?

DEFENDANT GRAMLICH: Yes, sir.

THE COURT: Any questions?

DEFENDANT GRAMLICH: No, sir.

THE COURT: Okay, you will be remanded back to the custody of the Sheriff."

Supreme Court Rule 605(b) requires that:

"On Judgment and Sentence Entered on a Plea of Guilty. In all cases in which a judgment is entered upon a plea of guilty, at the time of imposing sentence, the trial court shall advise the defendant substantially as follows:

(1) That he has a right to appeal;

(2) That prior to taking an appeal he must file in the trial court, within 30 days of the date on which sentence is imposed, a written motion asking to have the judgment vacated and for leave to withdraw his ...


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