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People v. Dorsey

OPINION FILED NOVEMBER 30, 1984.

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

v.

ORLANDO EARL DORSEY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Champaign County; the Hon. Harold L. Jensen, Judge, presiding.

JUSTICE WEBBER DELIVERED THE OPINION OF THE COURT:

Defendant pleaded guilty in the circuit court of Champaign County to two counts of rape and one count of aggravated battery in violation of sections 11-1 and 12-4 of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, pars. 11-1, 12-4). He was sentenced to concurrent terms of 20 years' imprisonment on each of the rape convictions and five years' imprisonment on the aggravated battery conviction.

Defendant concedes that he failed to file a motion to withdraw his guilty plea within 30 days from the judgment entered herein as required by Supreme Court Rule 604(d) (87 Ill.2d R. 604(d)) before an appeal may be taken from judgment entered on a guilty plea. He contends, however, that this omission should be excused by the trial judge's failure to properly admonish him regarding his appellate rights as required by Supreme Court Rule 605(b) (87 Ill.2d R. 605(b)). The State responds that defendant was properly admonished as to his appellate rights and asserts that this appeal should be dismissed for the failure of defendant to file a motion to withdraw his guilty plea in the trial court.

After the sentences were pronounced, the following colloquy took place between the court and defendant Dorsey:

"THE COURT: Mr. Dorsey, the law requires me to advise you about your rights of appeal from your plea of guilty. You have the right to ask the court to withdraw your plea or pleas, which means you have the right to ask the court to take back those pleas of guilty.

To do that you have to file in this court within 30 days of today a written request that you be given the opportunity to take back those pleas. If that request was allowed and your pleas were given back to you, the charges to which you pleaded guilty would be set for a full trial, along with any other charges which were dismissed in this case, they would also be set for trial. If you are unable to afford an attorney to assist you in that kind of a proceeding, an attorney would be appointed for you free of charge, and if you are unable to afford a written record of what went on here today, and also back on January 6th when you pleaded guilty, that written record would be provided for you free of charge. Do you understand your appellate rights?

MR. DORSEY: Yeah.

THE COURT: Defendant advised of his appellate rights pursuant to Supreme Court Rule 605.

MISS LENIK [Defense Counsel]: Your honor, we would ask that an appeal be ordered.

THE COURT: From the sentence?

MISS LENIK: Yes, judge.

THE COURT: All right.

MR. SILVERMAN [Defense Counsel]: Judge, I am not sure, I don't know whether we have to ask to withdraw the plea to procedurally appeal it or if we can just appeal the sentence directly.

THE COURT: Well, I suppose that's for the lawyer to decide. But, I will direct the clerk to file a notice of appeal and prepare the record, the court reporter is directed to prepare the report of proceedings of today and on January 6th, 1984. The State Appellate Defender is appointed to represent the Defendant on ...


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