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People v. Romero

OPINION FILED SEPTEMBER 11, 1984.

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

v.

CRAIG P. ROMERO, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of St. Clair County; the Hon. Patrick J. Fleming, Judge, presiding.

JUSTICE HARRISON DELIVERED THE OPINION OF THE COURT:

Rehearing denied November 1, 1984.

Craig Romero, defendant, pleaded guilty to residential burglary and was sentenced to 14 years' imprisonment. Defendant appeals from the denial of his motion to withdraw his plea, alleging that (1) he pleaded guilty based on a misapprehension of law brought about by misrepresentations of the prosecutor, and (2) the court erred in allowing defendant's trial counsel to testify as to the nature and substance of his conversations with defendant.

• 1 The first issue raised by defendant concerns the prosecutor's indication, prior to the acceptance by the court of defendant's plea, that the State would attempt to secure payment of restitution and any fine levied against defendant from real property which had been posted as bond for defendant by a friend, Carolyn Bridges. At the guilty plea hearing, the following exchange occurred:

"THE COURT: Mr. Romero, have any promises of any kind or nature been made to you, other than the plea agreement, or any threats been made to you by the State's Attorney, your attorney, or by any other person, to induce you to make your motion to withdraw your plea of not guilty and enter a plea of guilty?

THE DEFENDANT: Other than the bond, no.

THE COURT: What do you mean, "other than the bond"?

THE DEFENDANT: Well, this bond is being attacked. The person has put up for me, and she is not responsible. She just put it up to just, my bond, to assure my appearance in court. It is my understanding this is being attacked so far as my problems with the Court and she is not responsible for me.

THE COURT: Mr. Durso, have you gone into the matter of the bond with your client?

MR. DURSO [defense counsel]: Yes, we have discussed it at length.

MR. STURGEON [prosecutor]: Your Honor —

THE COURT: Yes.

MR. STURGEON: For the record, and I advised Mr. Durso, we have questioned the legality of it, but I have represented to Mr. Durso all along, and I am representing to the Court now, it is our intention, there was approximately property valued at $200,000 that was placed, that this defendant was free on $100,000 bond. I am going to research whether or not we can attack it.

I never said I would not. I never made any claim. I have never talked to this defendant. It is my intention still to attempt to get the fine and ...


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