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People v. Woods

OPINION FILED JUNE 26, 1985.

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

v.

ROBERT WOODS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Sangamon County; the Hon. Raymond L. Terrell, Judge, presiding. JUSTICE MCCULLOUGH DELIVERED THE OPINION OF THE COURT:

Defendant, Robert Woods, pleaded guilty to the offense of indecent liberties with a child, and the trial court sentenced him to 10 years' imprisonment. Defendant appeals from the trial court's denial of his motion to reconsider the sentence or to withdraw the guilty plea and vacate the judgment. He maintains: (1) The trial court did not substantially comply with Supreme Court Rule 402(b) (87 Ill.2d R. 402(b)); (2) the trial court improperly denied his request for a mental examination as a supplement to the presentence report; (3) the trial court erred in considering evidence of his prior sexual misconduct when determining the appropriate sentence; and (4) the trial court abused its discretion in sentencing him to 10 years' imprisonment.

The defendant was charged, by information, with indecent liberties with a child. The defendant originally pleaded not guilty, but he later decided to plead guilty. At a hearing on July 16, 1984, the trial court advised the defendant of the consequences of a guilty plea before accepting it. First, the court ascertained the defendant's age and background. When asked if he had ever been confined in a mental institution, the defendant replied that he had been "up at St. John's for * * * about three weeks." He then stated he had never been committed to a mental institution and was not presently under the care of any doctor or psychiatrist.

The court advised the defendant of the nature of the charge and the possible sentences. The court explained alternatives to incarceration such as probation, conditional discharge, or periodic imprisonment. The court informed the defendant of the presumption of innocence and his rights to persist in a plea of not guilty, to a jury or a bench trial, to testify, and to confront witnesses. The defendant indicated he understood each of these rights and wished to waive them. The defendant also stated he was satisfied with the services of his court-appointed counsel.

The prosecutor provided the court with a factual basis of the offense. Besides the testimony of the victim, the State had intended to present testimony of Springfield police officers to whom the defendant had given a signed confession. Both the defendant and his attorney confirmed the factual basis as established by the State. At that point, the following exchange occurred:

"THE COURT: All right. Do you understand that there has been no plea agreement, Mr. Woods, in this case?

THE DEFENDANT: [Defense counsel] already told me.

THE COURT: Pardon me?

THE DEFENDANT: [Defense counsel] already told me about it.

THE COURT: All right. It would be up to the Court to determine the sentence.

THE DEFENDANT: (Nodding head up and down)

THE COURT: Mr. Woods, other than — has anyone forced you to enter this plea of guilty?

THE DEFENDANT: No.

THE COURT: Has anyone threatened you or coerced you in any way to enter ...


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