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10/12/89 the People of the State of v. David N. Umfleet

October 12, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DAVID N. UMFLEET, DEFENDANT-APPELLANT



Before reaching the merits of the defendant's claims, we briefly address the State's arguments that the defendant has waived any allegations of error. The State points out that a voluntary guilty plea waives all errors, defects, and irregularities in the proceeding that are not jurisdictional, including constitutional error. While we have no quarrel with this statement as an abstract proposition of law, it has, of course, no bearing on the instant case. A waiver of issues results from entering a guilty plea only when the plea is voluntary. (People v. Ondrey (1976), 65 Ill. 2d 360, 357 N.E.2d 1160; People v. Brumas (1986), 142 Ill. App. 3d 178, 180, 491 N.E.2d 773, 775.) A plea of guilty made in reliance on the prosecution's unfulfilled promise is not voluntary. (Santobello v. New York (1971), 404 U.S. 257, 262, 30 L. Ed. 2d 427, 433, 92 S. Ct. 495, 499; People v. Langston (1984), 125 Ill. App. 3d 479, 481, 466 N.E.2d 268, 269; People v. Mitchell (1986), 143 Ill. App. 3d 378, 381, 493 N.E.2d 623, 625.) The State also argues that the defendant has waived his right to enforce the plea agreement by his failure to file a motion to withdraw the guilty plea under Supreme Court Rule 604(d) (107 Ill. 2d R. 604(d)).

APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

546 N.E.2d 1013, 190 Ill. App. 3d 804, 137 Ill. Dec. 900 1989.IL.1618

Appeal from the Circuit Court of Madison County; the Hon. Edward C. Ferguson, Judge, presiding.

APPELLATE Judges:

JUSTICE CHAPMAN delivered the opinion of the court. GOLDENHERSH and HOWERTON, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE CHAPMAN

The defendant, David Umfleet, entered a negotiated plea of guilty on July 3, 1980, to home invasion and was sentenced to 21 years' imprisonment. The defendant now appeals the denial of his petition for post-conviction relief by the circuit court of Madison County.

On February 5, 1979, the defendant and two other persons kidnapped Robert Herman in St. Louis County, Missouri. They took Herman's car and wallet at gunpoint and forced him into the trunk of a car. They then drove to rural Madison County, Illinois, where the defendant and one of the other individuals forced their way into the residence of Sidney Daugherty at gunpoint.

The defendant was charged with several offenses in the circuit court of St. Louis County, Missouri. He was also charged with burglary and, in an amended information, with home invasion in Madison County, Illinois.

On December 3, 1979, the defendant entered a negotiated plea of guilty to kidnapping and armed robbery in the circuit court of St. Louis County. The defendant was sentenced on January 10, 1980, to 17 years' imprisonment in accordance with the negotiated plea.

At the Missouri plea proceedings on December 3, the Missouri prosecutor, Gordon Ankney, stated:

"I want to put on the record I did have a conversation this morning with Mr. Steven [ sic ] Mudge, who is the prosecuting attorney in Madison County, who is prosecuting this defendant on the charge of home invasion or robbery in Illinois. This largely is an outgrowth of this incident. He informed me originally that the prosecutor there would ask for between 15 and 20 years concurrent. When I told him I thought the defendant would get 17 years, he indicated to me that the defendant, he would recommend in Illinois the defendant get 17 years concurrent."

At the same proceeding, the defendant's Missouri counsel, Frank Anzalone, added:

"I would also state I talked to the defendant and quite obviously the defendant would never plead guilty unless I had some indication that this was worked out in Illinois. . . . I can tell you that the defendant would not have pled ...


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