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03/02/94 PEOPLE STATE ILLINOIS v. EDWARD DEAN

March 2, 1994

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
EDWARD DEAN RITCHIE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of De Kalb County. No. 90-CF-84. Honorable John L. Nickels and Philip L. DiMarzio, Judges, Presiding.

Colwell, Doyle, PECCARELLI

The opinion of the court was delivered by: Colwell

JUSTICE COLWELL delivered the opinion of the court:

Defendant, Edward Dean Ritchie, appeals the circuit court's order denying his motion to withdraw his guilty plea and vacate his conviction of one count of armed robbery (Ill. Rev. Stat. 1991, ch. 38, par. 18-2(a) (now 720 ILCS 5/18-2(a) (West 1992))). Defendant contends that the order must be reversed where the record does not demonstrate that his counsel complied with Supreme Court Rule 604(d) (134 Ill. 2d R. 604(d)).

Defendant was charged by complaint with one count of armed robbery and two counts of conspiracy to commit armed robbery. In preliminary proceedings, assistant public defender Robert Carlson represented defendant. On November 14, 1990, defendant, while represented by assistant public defender Mike Herrmann, pleaded guilty to armed robbery. In exchange for his plea, defendant was to receive a 14-year sentence and the conspiracy counts would be nol-prossed. Also as part of the agreement, defendant would plead guilty to a pending charge of conspiracy to commit armed robbery in Ogle County in exchange for a three-year, concurrent sentence. Defendant would not be charged in connection with an Ogle County burglary at Binger's Tap. In response to the court's admonishments, defendant stated that he understood the rights he was waiving by pleading guilty and that no one had made any promises or threats to induce him to plead guilty.

The factual basis for the plea was that defendant instructed Brian Lange on how to commit an armed robbery at Hickey's Corner Store in Malta. Defendant provided Lange with a gun which belonged to defendant's mother. Lange, with codefendant Richard Holden, subsequently did rob Hickey's Corner Store. Lange and Holden split the proceeds of the robbery with defendant.

The court accepted defendant's plea and sentenced him to a 14-year term of imprisonment, as provided in the agreement. The following day, defendant pleaded guilty to the Ogle County conspiracy charge.

On December 12, 1990, Herrmann filed a motion to withdraw defendant's guilty plea. Assistant public defender Edmund Fuertges filed an appearance on defendant's behalf on October 2, 1991, and a second appearance on July 14, 1992. On August 7, 1992, Fuertges filed a document entitled "Affidavit of Attorney." In his affidavit, Fuertges alleges:

"1. I am the attorney for the defendant, EDWARD DEAN RITCHIE.

2. That over the past two months I have written and spoken with the defendant.

3. That I have admonished him of all aspects of this Motion to Vacate his pleas in De Kalb and Ogle counties and of all issues he wishes raised.

4. That all issues raised are set forth in the filed documents of this court and the transcripts presented.

5. That the defendant wishes to pursue this motion."

Fuertges also filed defendant's affidavits in support ...


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