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People v. Henderson

OPINION FILED SEPTEMBER 30, 1985.

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

v.

ELLIS M. HENDERSON, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Champaign County; the Hon. John R. DeLaMar, Judge, presiding.

JUSTICE MCCULLOUGH DELIVERED THE OPINION OF THE COURT:

Defendant was prosecuted for several traffic offenses and received concurrent sentences of 330 days' incarceration. Defendant appeals from the judgment of the circuit court of Champaign County in conjunction with only one of these cases, case No. 82-T-13297. He argues that an administrative mistake resulted in judgment being entered in this case, even though he had neither been tried nor pleaded guilty therein. After careful examination of the record on appeal, we disagree and, accordingly, we affirm.

Case No. 82-T-8641 involved traffic citations issued on June 4, 1982, for the violations of driving while driver's license is suspended and improper display of registration plates (see Ill. Rev. Stat. 1983, ch. 95 1/2, pars. 6-303, 3-413). Defendant waived his right to jury trial and a bench trial was scheduled for Friday, January 21, 1983, at 11 a.m. The transcribed report of proceedings of that hearing, filed as a supplement to the record on appeal, shows that the trial court entered judgment as to each offense in favor of the State and against the defendant, a presentence report was ordered and sentencing allotted for March 5, 1983.

Case No. 82-T-13297 involved citations of August 13, 1982, of the violations of driving while driver's license is revoked, expired registration, and disobeying a traffic control device (see Ill. Rev. Stat. 1983, ch. 95 1/2, pars. 6-303, 3-414, 11-305(a)). The defendant waived a jury trial, and a bench trial was scheduled for Friday, January 21, 1983, at 11:30 a.m. A minute order in the common law record for January 21, 1983, states as follows:

"Now on this day [prosecutor] appears for the People. Defendant appears personally with his attorney * * *.

Evidence heard. Arguments heard.

Finding by the Court in favor of the People and against the defendant on each count. Judgment entered in favor of the People and against the defendant upon the charge of Driving While License Revoked as set forth in Count I, upon the charges of Expired Registration as set forth in Count II and upon the charge of Disobey Traffic Control Device as set forth in Count III.

The Defendant is ordered to report to the Champaign County Probation Office and that office is directed to prepare a written presentence report and conduct a presentence investigation."

The presentence report which appears in the common law record was prepared in connection with case No. 82-T-13297, and specified the court's action on these three citations on January 21, 1983. The report described the defendant's status since his arrest as follows:

"On May 6, 1983, the defendant failed to appear at the sentencing for this offense, a warrant was issued and bond was set in the amount of $10,000. Pursuant to the command of the warrant, Mr. Henderson appeared personally on November 14, 1984, the cause was reallotted for sentencing, bond was set in the amount of $10,000 and the defendant was remanded to the custody of the sheriff."

On December 13, 1984, the defendant's guilty plea in case No. 83-T-11826 (involving citations of July 7, 1983, for violations of driving while driver's license is suspended or revoked and fleeing or attempting to elude a police officer (Ill. Rev. Stat. 1983, ch. 95 1/2, pars. 6-303, 11-204)) was taken, and the defendant was sentenced on that case and the above-referenced cases Nos. 82-T-8641 and 82-T-13297.

A transcribed report of the December 13, 1984, proceedings shows that the trial court admonished defendants pleading guilty to traffic offenses as a group, and questioned defendant separately from two others, before accepting his guilty plea in case No. 83-T-11826. The plea agreement was described to the court by the prosecutor as follows:

"Your Honor, that he serve a period of 330 days in the Champaign County Correctional Center with credit for ten days heretofore served, pay the Court costs, in that case. The other count is to be dismissed. That he be sentenced, instanter in 82-T-13297, serve a period of incarceration of 330 days with ten days credit to be served [concurrently]; and that a sentencing hearing be held instanter in 82-T-8641, serve a period of 330 days with ten days credit, pay the Court costs, to be served [concurrently] with these ...


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