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05/25/89 the People of the State of v. George Phillips

May 25, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, RESPONDENT-APPELLEE

v.

GEORGE PHILLIPS, PETITIONER-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

539 N.E.2d 804, 183 Ill. App. 3d 417, 132 Ill. Dec. 241 1989.IL.806

Appeal from the Circuit Court of Du Page County; the Hon. Carl F.J. Henninger, Judge, presiding.

APPELLATE Judges:

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

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINDBERG

Petitioner, George Phillips, appeals from an order of the circuit court dismissing his petition for relief under the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1987, ch. 38, par. 122-1 et seq.). Petitioner raises one issue on appeal: whether the trial court abused its discretion when it dismissed petitioner's petition without an evidentiary hearing.

On January 4, 1984, petitioner was charged with the armed robbery of an Aldi's grocery store. On March 15, 1984, a negotiated plea agreement was presented to the court. Under the agreement, petitioner was to be sentenced to a 20-year term of imprisonment in exchange for a plea of guilty to the armed robbery charge. During the hearing, petitioner and the trial court engaged in the following colloquy:

"THE COURT: Mr. Phillips, you understand the plea agreement?, DEFENDANT PHILLIPS: Yes, I do.

THE COURT: Are you satisfied with it?, DEFENDANT PHILLIPS: I believe so.

THE COURT: Outside or apart from this plea agreement has anyone done anything to influence you to plead guilty to this charge?, DEFENDANT PHILLIPS: No, they haven't.

THE COURT: Have you talked about the advisability of accepting the agreement with your attorney, Mr. Thompson?, DEFENDANT PHILLIPS: Yes.

THE COURT: Are you satisfied with the investigation he has done into this case?, DEFENDANT PHILLIPS: Yes.

THE COURT: Is there anything you don't understand about the agreement or any question of me that you have at this point in time?, DEFENDANT ...


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