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06/23/87 the People of the State of v. Kasper Robinson

June 23, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, RESPONDENT-APPELLEE

v.

KASPER ROBINSON, PETITIONER-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

510 N.E.2d 1050, 157 Ill. App. 3d 622, 110 Ill. Dec. 19 1987.IL.870

Appeal from the Circuit Court of Cook County; the Hon. Michael Toomin, Judge, presiding.

APPELLATE Judges:

JUSTICE HARTMAN delivered the opinion of the court. STAMOS and BILANDIC, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HARTMAN

Petitioner appeals from the dismissal of his post-conviction petition contending that: (1) he was denied effective assistance of counsel at the time that he entered his plea of guilty and again after the imposition of the resultant sentences; (2) his criminal conduct amounted to unlawful restraint rather than home invasion; and (3) defects in the information charging him with home invasion rendered it fatally defective.

On June 1, 1983, at approximately 8 a.m., Karen Heritage heard the front door of her home being opened and went to investigate. She found petitioner standing in the living room. He grabbed her around the neck and began dragging her back toward the kitchen. The victim's 10-year-old son came out of his bedroom at this time, saw petitioner, and ran back to wake his father, Charles Heritage.

Charles came out of the bedroom and confronted petitioner. Petitioner demanded money and threatened to kill Karen, whom he was still holding by the neck. Charles went back to the bedroom and returned shortly with $126 in currency. He placed the money on the stereo where petitioner could reach it; as petitioner reached for the money, Karen informed her husband that petitioner was unarmed. Charles then lunged at petitioner, forced him to the floor and subdued him. Karen called the police, who arrived shortly and arrested petitioner. The $126 in currency was recovered at that time.

Petitioner was charged with unlawful restraint, home invasion, robbery and residential burglary. (Ill. Rev. Stat. 1983, ch. 38, pars. 10-3, 12-11, 18-1, 19-3.) Petitioner previously had been indicted on seven separate charges of rape, attempted robbery, and burglary in 1973 and 1974, for which he was sentenced to concurrent terms ranging from 3 to 30 years after pleading guilty. When he attacked the Heritages, he had been out of prison for two months.

On January 3, 1984, petitioner stated his intention to plead guilty to all four charges. The circuit court informed him of the meaning of each of the charges, his possible eligibility for extended-term sentences, and the consequences of his pleas. He indicated that he understood. The court further admonished him as to the rights which he would be waiving by entering his guilty pleas and petitioner again indicated that he understood. The court then stated:

": Now, Mr. Robinson, do you understand what I have told you about your rights in this matter and the rights you give up when you plead guilty?

MR. ROBINSON: Yes, I do, sir.

THE COURT: Do you understand all the possible sentences I could impose?

MR. ROBINSON: Yes, I do, sir.

THE COURT: Understanding all that, do you still plead guilty?

MR. ROBINSON: Yes, I do, sir.

THE COURT: Do you understand [that] there has been no agreement as to what sentence is to be imposed? Is that the way you understand it ?

MR. ROBINSON: Yes, Sir.

THE COURT: And it's going to be up to me. That there have been no agreements as to ...


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