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08/18/87 the People of the State of v. John Hayes

August 18, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JOHN HAYES, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

513 N.E.2d 68, 159 Ill. App. 3d 1048, 111 Ill. Dec. 822 1987.IL.1195

Appeal from the Circuit Court of Cook County; the Hon. Michael P. 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

Defendant appeals denial of his motion for a new sentencing hearing after he pleaded guilty to two counts of attempted murder (Ill. Rev. Stat. 1983, ch. 38, par. 8-4) and the circuit court sentenced him to 12 years' imprisonment. The issues raised include whether: (1) the circuit court improperly denied defendant's statutory right to a new sentencing hearing; (2) the circuit court imposed an excessive and vindictive sentence in response to defendant's failure to appear for sentencing; (3) the prosecution violated the plea agreement by recommending a 30-year sentence, after previously agreeing to recommend a six-year sentence.

On the evening of July 10, 1984, defendant went to the apartment of his estranged wife, Frankie Lloyd, who was living with her mother, Leslie Gilani. During an argument with his ex-wife, defendant stabbed her with a knife in the back and chest. Gilani tried to pull defendant off; they wrestled and defendant stabbed her in the chest, side and arm. Defendant left the apartment while both women were bleeding profusely. Gilani required surgery for a collapsed lung, resulting from one of her stab wounds. Lloyd was given 40 stitches as a result of defendant's biting her. Both women were hospitalized.

On December 3, 1985, defendant entered a guilty plea to two counts of attempted murder, in exchange for the State's agreement to recommend a six-year prison term. The underlying factual basis for the plea was established by stipulation. Defense counsel related the terms of the plea bargain and stated his understanding that the court would accept the recommendation. The court noted the State's indication in conference that the crimes were heinous and brutal, thus qualifying for extended term and a sentence of up to 60 years' imprisonment. A Supreme Court Rule 402 admonition by the court then followed (107 Ill. 2d R. 402), and defendant asserted that he understood and agreed to the procedure and consequences.

Defendant thereafter requested a stay of the mittimus for two days and the attorneys and the court discussed the possible consequences of defendant's failure to appear for sentencing:

"MR. BRODHAY [a prosecutor]: For the record, the State would be objecting to the stay of mittimus. However, [if] your Honor does allow him to stay out until Thursday, the State would ask that sentencing be delayed until Thursday and the plea be taken today, with the understanding that [defendant] be admonished as to his failure to appear in court and the consequences thereof.

MR. DECKER [defense counsel]: We would have no objection to that. And I have informed [defendant] also, should, for some inexplicable reason, his return Thursday is delayed, the Court could have jurisdiction in sentencing him up to 30 years for each count of the information.

THE COURT: The possible consequence being, Mr. Hayes, that if you are not back here on Thursday, you could be sentenced to something in excess of what has been agreed to between the State and your attorney.

You understand that?

THE DEFENDANT: Yes, ...


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