People v. Dossett

Appellate Court of Illinois

People v. Dossett

288 N.E.2d 518, 7 Ill. App. 3d 696, 1972 Ill. App. LEXIS 2342

CourtAppellate Court of Illinois

DecidedOctober 17, 1972

Docket11554

StatusPublished

Cited by3 cases

This text of 288 N.E.2d 518 (People v. Dossett) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dossett, 288 N.E.2d 518, 7 Ill. App. 3d 696, 1972 Ill. App. LEXIS 2342 (Ill. Ct. App. 1972).

Pincite

Opinion

Mr. PRESIDING JUSTICE TRAPP

delivered the opinon of the court:

Defendant appeals from his conviction upon a plea of guilty to an information charging battery and the sentence of six months imposed.

The arraignment and plea of guilty occurred upon the same day that the information was filed. Defendant’s brief raises issues concerning the sufficiency of (1) the court’s admonitions concerning rights to counsel, waiver of trial by jury and the consequences of a plea of guilty, and (2) whether the court properly determined that the plea was voluntary and had a basis in fact.

The State’s Attorney neither filed a brief nor appeared and argued the cause in this court. Review of the merits of such issues, absent brief and argument in behalf of the prosecution, would propel this court into the role of an advocate contrary to the principles of proper judicial review. People v. Spinelli, 83 Ill.App.2d 391, 227 N.E.2d 779, and People v. Lio, 108 Ill.App.2d 443, 247 N.E.2d 912.

The judgment of the conviction is reversed and the cause is remanded with directions to vacate the plea of guilty, in the event defendant moves so to do.

Reversed and remanded.

CRAVEN and SIMKINS, JJ., concur.

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