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People v. Crump

September 17, 2003

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
PERCY CRUMP, DEFENDANT-APPELLANT



Appeal from the Circuit Court of Cook County. Honorable John J. Mannion, Judge Presiding.

The opinion of the court was delivered by: Justice South

UNPUBLISHED

On March 25, 2002, defendant Percy Crump entered negotiated pleas of guilty to three charges: possession of a controlled substance in case number 00 CR 23269, aggravated battery to a police officer in case number 00 CR 08991, and aggravated unlawful use of a weapon in case number 01 CR 07880. Pursuant to the plea agreement, the State nol-prossed seven other charges, which included armed violence, possession of a controlled substance with intent to deliver, and other aggravated unlawful use of a weapon charges. Defendant was sentenced to one year's conditional discharge for possession of a controlled substance and two years for aggravated battery to a police officer, consecutive to two years for aggravated unlawful use of a weapon.

At the plea hearing, the trial court first identified defendant and learned that he was 20 years old. The trial court then stated the following:

"All right, I have before me, first of all, an Information filed by the State's Attorney of Cook County which alleges that on or about August 21st, 2000, you committed the offense of possession [of] a controlled substance, you knowingly and unlawfully possessed, otherwise than authorized by the Illinois Controlled Substance Act, less than fifteen grams of a substance containing a certain controlled substance, to-wit: cocaine.
That is a violation of 720-570/402(c), Illinois Compiled Statutes, 1992 as amended.
I have also an Indictment returned by the Cook County Grand Jury which alleges on or about March 7th, 2000, you committed the offense of aggravated battery to a police officer, in that you, in committing a battery, other than by discharge of a firearm, knowingly and intentionally caused bodily har [sic] to Diane Gryzd (phonetic), to-wit: struck her about the body and knocked her down, knowing her to be a peace officer engaged in the execution of her official duties.
That is in violation of Chapter 720, Act 5/ 12-4(B)(6), Illinois Compiled Statutes, 1993 as amended.
I also have another Indictment returned by the Cook County Grand Jury that on or about February 26th, 2001, you committed the offense of aggravated unlawful use of a weapon, in that you knowingly carried on or about your person a firearm at a time when you were not on your own land or abode or fixed place of business, and that in violation of 720, Act 5/24-1.6(A)(1)3(A), Illinois Compiled Statutes, 2000 as amended."
The trial court then asked defendant if those were the offenses to which he was pleading guilty, to which defendant replied in the affirmative. The trial court then went on to describe the class of each offense, the sentencing ranges and other penalties associated with those offenses. The court also admonished defendant that because he was on bond for the first offense when he committed the second and on bond for the second offense when he committed the third, it was mandatory that he be sentenced to both consecutively. When asked whether he understood, defendant replied that he did.

The court then admonished defendant as follows:

"THE COURT: Do you also understand that by pleading guilty there won't be a trial, and you will be waiving or giving up certain rights that you have under the law? Do you understand that?
MR. CRUMP: Yes.
THE COURT: Do you understand that you have the right to plead not guilty, you have the right to remain silent, you have the right to confront and cross examine the witnesses against you, and you have the right to force the State to prove you guilty beyond a reasonable doubt. Do you understand that?
MR. CRUMP: Yes, sir.
THE COURT: You also have the right to a trial by jury on all charges. Do you know what a jury trial is?
MR. CRUMP: Yes, sir.
THE COURT: And you have indicated to me that you are aware of that and want to give up that right pursuant to that agreement by signing those documents entitled jury waiver.
Is that what you want to do?

MR. CRUMP: Yes, sir.

THE COURT: You also have the right to a presentence investigaition [sic], and that means that before any disposition you would be interviewed by a probation officer about your background and about these cases. The purpose of that report is to help me determine what the correct sentence should be.
We know what the sentence is going to be, so there is no need for it, but it is a right that you have.
You indicated that you are aware of that and want to waive that also, is that right?
MR. CRUMP: Yes, sir.
THE COURT: No one has promised you anything in exchange for your plea of guilty other than what your lawyer told you the disposition on the cases would be, is that correct?
MR. CRUMP: Yes."
The State then provided a factual basis for the pleas, which was stipulated to by defense counsel. The court then found that defendant knowingly understood the nature of the charges against him, the consequences thereof, and the possible penalties under the law. The court also found that defendant knowingly understood and comprehended his rights under the law, that defendant wished to waive those rights, plead guilty and stipulate to the facts. The court then entered defendant's guilty pleas on all three offenses and ...

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