APPEAL from the Circuit Court of Livingston County; the Hon.
WILLIAM T. CAISLEY, Judge, presiding.
MR. JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:
The record here admittedly is less than a model of clarity.
The charges were in 12 counts, the plea was to 8, 4 were dismissed, judgment in open court was entered on 6, defendant was sentenced on 8, and the mittimus recited 12.
But after wading through the verbiage, the bottom line is reached and it finally becomes apparent that there are 8 valid convictions entered on pleas of guilty by the defendant.
Jones was charged with 12 felonies, all stemming from an incident at the Fiesta Restaurant in Pontiac, Illinois, on April 20, 1978.
I Armed robbery II Armed robbery III Felony theft IV Felony theft V Armed violence VI Armed violence VII Armed violence VIII Armed violence IX Attempt (murder) X Attempt (murder) XI Attempt (murder) XII Attempt (murder)
The public defender represented the defendant, who entered a plea of guilty to the first eight counts. The trial court duly admonished Jones pursuant to Illinois Supreme Court Rule 402, including the extended term provisions of the Unified Code of Corrections. The court then determined that defendant's plea was voluntary and that the State had presented a factual basis for the plea. The trial judge accepted Jones' plea of guilty to counts I through VIII and then stated as follows:
"The court finds then that the pleas have a basis in fact. The pleas are accepted and judgment of conviction is entered on Counts I, II, V, VI, VII and VIII."
The State then moved to nolle prosequi counts IX through XII, the court granted the motion, and the counts were dismissed. However, the judgment and sentence order stated that the defendant was found guilty of counts I through XII.
The sentencing hearing took place some 10 days after the pleas and the presentence report reflected that Jones had prior convictions in the State of Wisconsin: Two disorderly conduct charges, obstructing an officer, two intoxication charges, two burglary charges, reckless homicide, and assaulting a prison guard. The trial court imposed extended terms and said:
"The court finds the defendant is a repeat offender under circumstances for which an extended term of imprisonment would be imposed. The court finds that the defendant's conduct constitutes a heinous crime in that the commission of that offense was accompanied by brutal and heinous behavior indicative of wanton cruelty. The court finds that the discharge of the weapon in close proximity to the face and head of Deputy Tjarks was an extremely brutal act, one which only by the grace of God did not result in a homicide, and certainly was not due to any mercy on the part of the defendant that it did not result in a homicide."
The sentences imposed were:
I Armed robbery 60 years II Armed robbery 40 years III Felony theft 5 years IV Felony theft 5 years V Armed violence 40 years VI Armed violence 40 years VII Armed ...