Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Clark

OPINION FILED MARCH 13, 1981.

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

v.

RICHARD CLARK, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. THOMAS R. FITZGERALD, Judge, presiding.

MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

On October 16, 1979, defendant entered a negotiated plea of guilty to an information charging him with three counts of armed robbery. (Ill. Rev. Stat. 1977, ch. 38, par. 18-2.) He was sentenced to concurrent terms of 9 years in the penitentiary. On February 8, 1980, the trial court denied defendant's motion to vacate the plea and defendant has appealed, contending the guilty plea was involuntary because the trial court denied his pro se motions for a bar association attorney and a continuance and failed, sua sponte, to admonish him about his constitutional right to proceed pro se as his own attorney.

When defendant's case was called, the following colloquy took place:

"Mr. BELL [assistant public defender]: * * * Mr. Clark presented to me this morning in the lockup of this courtroom a written motion. I indicated to Mr. Clark, at that time, I would not file that motion on his behalf. And he indicated that he wanted to file it in any event.

THE COURT: You are not making this motion, is that correct?

Mr. BELL: No.

THE COURT: Motion for subpoena will be denied.

THE DEFENDANT: I also have this one.

THE COURT: Motion for bar association attorney; that motion is denied. Anything else?

THE DEFENDANT: I would like, on the record, the Public Defender and I have a communication problem, and I don't think I can get a fair trial.

THE COURT: Motion for bar association attorney is denied. All right.

You say you have a communication problem. What else do you have to say?

THE DEFENDANT: That is all.

THE COURT: Motion is denied. Anything further, now, before we ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.