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People v. Heard

OPINION FILED MAY 5, 1980.

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

v.

TERRY HEARD, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. ROBERT L. MASSEY, Judge, presiding.

MR. JUSTICE MCGLOON DELIVERED THE OPINION OF THE COURT:

Defendant Terry Heard's petition for post-conviction relief was dismissed on October 5, 1977. On appeal, defendant contends that the trial court erred in dismissing the petition without an evidentiary hearing.

We affirm.

Terry Heard was charged by indictment with murder and aggravated battery. On December 3, 1974, petitioner's initial plea of not guilty was withdrawn as a result of a conference between her attorney and the State, and she consequently entered a guilty plea to the charge of murder.

The court explained to petitioner the nature of and possible sentences for the charge. The court then stated that by pleading guilty to the charge, she automatically relinquished her right to be tried by a judge and jury. The nature of a jury trial was explained to Heard and she thereafter signed a jury waiver.

The parties stipulated to the facts of the offense. Defendant entered a plea of guilty and was found guilty. After hearing arguments in aggravation and mitigation, the court again discussed with defendant her decision to plead guilty. The following exchange took place:

"THE COURT: You understand you have pleaded guilty to the charge?

DEFENDANT HEARD: Yes.

THE COURT: There was a conference held. The State's Attorney offered that, and he said that you agreed and consented to the recommendation, and the Court concurred, 14 years, and not less than 14 years and one day. That was told to you too? You accepted it?

DEFENDANT HEARD: I understand what you are saying.

THE COURT: All right. You do accept it. That is what you want to do?

DEFENDANT HEARD: There wasn't no other choice.

THE COURT: There is a choice. You see, I told you here earlier you have a right to plead not guilty, and you have a right to have a trial, and you can have a ...


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