Appeal from the Circuit Court of Kane County. No. 90-CF-515. Honorable Barry E. Puklin, Judge, Presiding.
McLAREN, Woodward, PECCARELLI
The opinion of the court was delivered by: Mclaren
JUSTICE McLAREN delivered the opinion of the court:
The defendant, Tracy A. Cochrane, entered a plea of guilty to the offense of first-degree murder. (Ill. Rev. Stat. 1989, ch. 38, par. 9-1(a)(2) (now 720 ILCS 5/9-1(a)(2) (West 1992)).) He was sentenced to a term of 67 years' imprisonment in accordance with a plea agreement. On appeal, the defendant requests this court to remand the cause to the trial court to allow him to file a motion to withdraw his plea of guilty. For the following reasons, we remand.
On April 10, 1990, a grand jury sitting in Kane County returned an indictment charging the defendant with the offenses of first-degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9-1(a)(2) (now 720 ILCS 5/9-1(a)(2) (West 1992))), home invasion (Ill. Rev. Stat. 1989, ch. 38, par. 12-11 (now 720 ILCS 5/12-11 (West 1992))), and armed violence (Ill. Rev. Stat. 1989, ch. 38, par. 33A-2 (now 720 ILCS 5/33A-2))). On March 16, 1992, the defendant pleaded guilty to the offense of first-degree murder in exchange for a negotiated sentence of 67 years' imprisonment. The counts of the indictment which charged the defendant with home invasion and armed violence were nol-prossed pursuant to the plea agreement. The factual basis for the plea was that on March 31, 1990, the defendant and codefendant, Ian Beronich, stabbed to death Thomas Cochrane, the defendant's father, to prevent him from informing the police of an earlier burglary committed by the defendant and his friends at the father's home. The defendant was 16 years old on the date of the offense.
After the court entered a judgment of conviction on the defendant's plea and sentenced the defendant to 67 years' imprisonment, the court advised the defendant pursuant to Supreme Court Rule 604(d) (134 Ill. 2d R. 604(d)) as follows:
"THE COURT: Mr. Cochrane, you may within thirty days of today's date file a written motion with the clerk of this Court, asking that this judgment order be set aside, vacated, erased as though it never happened. Any grounds for that motion which are not included within it will be presumed to have been waived by you.
In preparing that motion, you are entitled to the services of an attorney, to copies of a transcript of these proceedings and other necessary court documents, all at no cost if it is shown that you cannot afford to pay for them.
If that motion is granted, then this judgment order would be set aside and you would be required to come back and stand trial on all of the charges that were pending against you when we began these proceedings this morning, with all of the penalties that you could face with regard to those. Do you understand that, sir?
THE COURT: Have all of those penalties previously been explained to you by some other Judge?
THE COURT: If the motion is denied, you have a right to appeal to the Illinois Appellate Court, together with the same rights to be represented by counsel and receive transcripts and other court documents, all at no ...