People v. Schoate

Appellate Court of Illinois

People v. Schoate

312 N.E.2d 763, 21 Ill. App. 3d 3, 1974 Ill. App. LEXIS 2140

CourtAppellate Court of Illinois

DecidedJune 13, 1974

DocketNo. 71-190

StatusPublished

Cited by1 cases

This text of 312 N.E.2d 763 (People v. Schoate) 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. Schoate, 312 N.E.2d 763, 21 Ill. App. 3d 3, 1974 Ill. App. LEXIS 2140 (Ill. Ct. App. 1974).

Pincite

Opinion

PER CURIAM:

Defendant pled guilty to the crime of burglary in the circuit court of St. Clair County and was sentenced to a minimum of 3 years and a maximum of 5 years in the penitentiary.

The record does not show an adequate inquiry by the court into the voluntariness of the plea, pursuant to Supreme Court Rule 402(b) (Ill. Rev. Stat., ch. 110A, sec. 402(b)).

The total lack of any reference to how or if this inquiry was made requires reversal and remandment.

We therefore reverse and remand with directions to allow the appellant to plead anew if he so desires. (See People v. Horne, 21 Ill.App.3d 10.) In the event appellant chooses to not plead anew the judgment of the circuit court of St. Clair County shall be affirmed in all respects except the minimum term of the sentence which is reduced to 1 year and 8 months to comply with the Unified Code of Corrections. Ill. Rev. Stat, ch. 38, sec. 1005 — 8 — 1(c)(3).

Reversed and remanded with directions.

Mr. JUSTICE G. MORAN took no part in the consideration or decision of this case.

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