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03/18/87 the People of the State of v. Robert Ottomanelli

March 18, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ROBERT OTTOMANELLI, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

505 N.E.2d 1328, 153 Ill. App. 3d 565, 106 Ill. Dec. 537 1987.IL.332

Appeal from the Circuit Court of Lake County; the Hon. Charles F. Scott, Judge, presiding.

APPELLATE Judges:

Justice Nash delivered the opinion of the court. Unverzagt, J., concurs. Justice Hopf, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH

After trial by jury defendant, Robert Ottomanelli, was convicted of the offense of burglary and sentenced to a term of three years' imprisonment. He appeals, contending that the trial court wrongfully refused to accept defendant's tendered plea of guilty and improperly denied a motion by defendant's attorney to withdraw as his counsel at trial.

The charge arose from the burglary of Herman's Sporting Goods Store in Highland Park. On December 6, 1984, defendant, who was 17 years old, and his retained counsel, John Brennan, appeared with Assistant State's Attorney Michael Fritz before Judge William Block and advised the court defendant wished to withdraw his plea of not guilty and enter a plea of guilty to burglary pursuant to a plea agreement. The State's Attorney and defendant's counsel advised the court that the only agreement made was that defendant would plead guilty and would not be sent to the Department of Corrections for the penalty for the offense. The trial court thereupon admonished defendant, as required by Supreme Court Rule 402(a) (87 Ill. 2d R. 402 (a)), and inquired into the voluntariness of the plea and confirmed the terms of the plea agreement as provided for in Supreme Court Rule 402(b). The following colloquy then ensued:

"THE COURT: Understanding all of that, do you wish to enter a plea of guilty at this time?

MR. OTTOMANELLI: Yes.

THE COURT: Did you break into Herman's Sporting goods on Skokie Valley Road on the 7th of October?

MR. OTTOMANELLI: I was by there, there.

THE COURT: What do you mean, I was there? Were you with some others that were doing it? Who else was involved?

MR. OTTOMANELLI: Couple of friends I knew?

THE COURT: Who?

MR. OTTOMANELLI: Hughes.

THE COURT: What's the first name?

MR. OTTOMANELLI: I'm not sure.

THE COURT: And who else?

MR. OTTOMANELLI: And Ricky, and Danny helped him out, and Phillip.

THE COURT: Were they all arrested, too?

MR. OTTOMANELLI: Yes.

MRS. OTTOMANELLI [defendant's ...


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