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People v. Wadlington

OPINION FILED NOVEMBER 21, 1979.

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

v.

KENNETH WADLINGTON, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES E. STRUNCK, Judge, presiding.

MR. PRESIDING JUSTICE JIGANTI DELIVERED THE OPINION OF THE COURT:

The defendant, Kenneth Wadlington (a/k/a Sheldon Dorian), appeals from the dismissal of a post-conviction petition. He argues his pleas of guilty to two counts of burglary were induced by unfulfilled promises by State officials and that failure to admonish him concerning the mandatory three-year parole term made his pleas involuntary. The defendant asks the court to vacate his guilty pleas and to remand the cause for a new trial or, alternatively, to reverse and remand for additional post-conviction proceedings.

The defendant was charged with two counts of burglary. On March 24, 1977, he appeared before the trial judge. The defense stated that the pleas of guilty were negotiated in exchange for the prosecutor's recommendation of a term of imprisonment of three to nine years on each of the charges. The prosecution also recommended that those sentences run concurrently with each other and concurrently with a previously imposed sentence of 7 1/2 to 15 years which the defendant had been serving in Pennsylvania until his escape.

During the hearing, the defendant personally asked to state on the record his understanding of the plea arrangement. The trial court granted permission, and the defendant stated that he understood that if he pleaded guilty, the prosecutor would recommend a sentence of three to nine years. At this point the court said it would concur with the prosecution's recommendation. The defendant went on to state that by pleading guilty he would concede that he was the Sheldon Dorian who had escaped from a Pennsylvania prison; that Pennsylvania should be required to return him to Pennsylvania to serve the unexpired portion of his sentence; that the Illinois sentences would run concurrently with the Pennsylvania sentence; and that he would be entitled to statutory and compensatory good time on his Illinois sentence while serving the time in Pennsylvania. The court asked the prosecutor if that was his understanding and the prosecutor responded in the affirmative.

The prosecutor then repeated the recommendation:

"[T]he state's recommendation to your honor on the two indictments that are pending is a recommendation of three to nine years on each indictment to be served concurrently, and that that time is to be concurrent with the sentence imposed in Pennsylvania."

The defendant responded "correct" and the prosecutor then said "[t]hat is the limit of the state's recommendation to the court."

The court then admonished the defendant as to his rights. After repeating the allegations of the two count information, the court said the following:

"In Illinois burglary is a class 2 felony. If tried and found guilty you could be sentenced to a term of not less than one year nor more than 20 years, with the proviso a minimum term would not exceed 1/3rd of the maximum term. Under the circumstances the maximum term would be 6 —

Mr. Miranda [Assistant Public Defender]: 6 years 8 months to 20.

The court: And fined a sum of money up to $10,000, and as a part of any sentence upon termination of whatever period of time you would serve in the Illinois Department of Corrections, upon your discharge you will be subject to the further supervision of the parole and pardon board of this state for a period of 3 years."

The defendant was sentenced to terms of three to nine years on each of the information counts, the terms to run concurrently with each other and with the unexpired Pennsylvania sentence.

The defendant was turned over to the Illinois State Correctional Center to await his transfer to Pennsylvania. He relies on the following events in arguing that he served part of his Illinois sentence consecutive to his Pennsylvania sentence rather than concurrently, as had been promised. On April 27, 1977, a detainer was placed on file against the defendant by Allegheny County, Pennsylvania. In June of 1977, the defendant was turned over to Pennsylvania. He was tried in Pennsylvania on the escape charge and sentenced to a term of 6 to 24 months, that term to run consecutively to any other sentence the defendant was serving.

In August of 1977, the defendant was returned to Illinois. In September of 1977, the defendant filed a petition for an order to show cause why he should not be returned to ...


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