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09/15/88 the People of the State of v. Greg J. Turley

September 15, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

GREG J. TURLEY, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

528 N.E.2d 1091, 174 Ill. App. 3d 621, 124 Ill. Dec. 200 1988.IL.1383

Appeal from the Circuit Court of Kane County; the Hon. Joseph M. McCarthy, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. DUNN and REINHARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

Defendant, Greg J. Turley, appeals from the denial of his motion to withdraw his guilty plea, pursuant to Supreme Court Rule 604(d) (107 Ill. 2d R. 604(d)), which was entered on the charge of burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19-1). Defendant was sentenced to a term of seven years. A timely notice of appeal was filed. We affirm.

Defendant was charged in Kane County in a three-count indictment. Count I charged burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19-1), count II charged theft of a 1966 Chevrolet two-door Corvette having a total value in excess of $300 (Ill. Rev. Stat. 1985, ch. 38, par. 16-1) and count III charged escape (Ill. Rev. Stat. 1985, ch. 38, par. 31-6(a)).

The parties presented a plea agreement to the court wherein defendant agreed to plead guilty to the charge of burglary, count I, and the State agreed to nol-pros count II (theft) and count III (escape).

The court asked for the factual basis, and the State indicated that if the cause were to proceed to trial, Mr. George J. Goding would testify that he was doing business as the Goding Amoco, at 1150 Prairie, Aurora, Kane County, Illinois. He would further state that on the evening of October 23, 1986, he had departed the gas station and locked it and provided no one with permission to enter the building subsequent to his departure.

The State would also introduce evidence that the Kane County police department received a report that a burglary was in progress at Mr. Goding's gas station, and further investigation revealed that an automobile had been taken from the station. Subsequent to a high-speed chase the automobile was recovered, and the personal effects of defendant were discovered therein. The State would also introduce evidence that defendant was eventually apprehended at which point he made admissions to the Kane County sheriff's police, wherein he admitted his participation in the burglary.

On that factual basis, and after inquiring to establish defendant's understanding and agreement, the court accepted defendant's guilty plea, and counts II and III were nol-prossed. The matter was continued for sentencing.

On the date set for sentencing, the court was informed that defendant had filed a motion to withdraw his guilty plea. The motion involved the previously dismissed theft count as part of the plea negotiation. Defense counsel represented to the court that shortly after its acceptance of defendant's guilty plea, Will County charged defendant with that same theft. The State's Attorney disputed that Will County had placed the charge subsequent to defendant's plea of guilty. He asserted that it had been pending during the entire period of negotiation. The cause was eventually continued for a full hearing, which was conducted on April 8, 1987. After hearing the arguments of counsel, the court denied defendant's motion to withdraw his guilty plea.

On April 16, 1987, subsequent to hearing a witness and arguments of counsel the court imposed a seven-year term of incarceration. A timely notice of appeal was filed on April 17, 1987.

Defense counsel represents that the burglary and theft of the Corvette in Kane County resulted in a high-speed chase into Will County. Defendant when apprehended was processed by the Kane County authorities. A Will County criminal complaint was sworn to on October 28, 1986, and charged defendant with the offense of possession of a stolen vehicle, a 1966 Chevrolet Corvette. (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 4-103(a)(1).) It was filed in open court in Will County on April 8, 1987. The parties apparently agree that neither the State's Attorney of Kane County, defendant, nor defense counsel were aware of the Will County charge when the plea agreement was presented in Kane County. ...


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