People v. Wilson

Appellate Court of Illinois

People v. Wilson

325 N.E.2d 676, 26 Ill. App. 3d 320, 1975 Ill. App. LEXIS 1894

CourtAppellate Court of Illinois

DecidedMarch 20, 1975

DocketNo. 12762

StatusPublished

This text of 325 N.E.2d 676 (People v. Wilson) 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. Wilson, 325 N.E.2d 676, 26 Ill. App. 3d 320, 1975 Ill. App. LEXIS 1894 (Ill. Ct. App. 1975).

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Opinion

Mr. PRESIDING JUSTICE SIMKINS

delivered the opinion of the court:

Defendant, Howard Wilson, appeals from his conviction pursuant to a guilty plea of the offense of burglary and from a sentence imposed of 3 to 10 years’ imprisonment to be served concurrently with another burglary conviction. The only issue raised before this court is whether the trial court substantially complied with Supreme Court Rule 402(a) (2) (Ill. Rev. Stat. 1973, ch. 110A, par. 402) in failing to admonish defendant of the minimum sentences of conditional discharge and periodic imprisonment. We note that defendant was admonished as to the minimum and maximum terms of imprisonment prescribed by law.

We find our decisions in People v. Butchek, 22 Ill.App.3d 391, 317 N.E.2d 148, and People v. Wills, 23 Ill.App.3d 25, 319 N.E.2d 269, to be dispositive of this issue. Hence, the trial judge need not inform a defendant of the sentencing alternatives of conditional discharge and periodic imprisonment, and Supreme Court Rule 402(a)(2) was fully complied with in the instant situation. Also see People v. Krantz, 58 Ill.2d 187, 317 N.E.2d 559.

Accordingly, for the reasons stated above the judgment of the circuit court of Sangamon County is affirmed.

Judgment affirmed.

CRAVEN and GREEN JJ., concur.

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Mr. PRESIDING JUSTICE SIMKINS

delivered the opinion of the court:

Defendant, Howard Wilson, appeals from his conviction pursuant to a guilty plea of the offense of burglary and from a sentence imposed of 3 to 10 years’ imprisonment to be served concurrently with another burglary conviction. The only issue raised before this court is whether the trial court substantially complied with Supreme Court Rule 402(a) (2) (Ill. Rev. Stat. 1973, ch. 110A, par. 402) in failing to admonish defendant of the minimum sentences of conditional discharge and periodic imprisonment. We note that defendant was admonished as to the minimum and maximum terms of imprisonment prescribed by law.

We find our decisions in People v. Butchek, 22 Ill.App.3d 391, 317 N.E.2d 148, and People v. Wills, 23 Ill.App.3d 25, 319 N.E.2d 269, to be dispositive of this issue. Hence, the trial judge need not inform a defendant of the sentencing alternatives of conditional discharge and periodic imprisonment, and Supreme Court Rule 402(a)(2) was fully complied with in the instant situation. Also see People v. Krantz, 58 Ill.2d 187, 317 N.E.2d 559.

Accordingly, for the reasons stated above the judgment of the circuit court of Sangamon County is affirmed.

Judgment affirmed.

CRAVEN and GREEN JJ., concur.

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Bluebook (online)

325 N.E.2d 676, 26 Ill. App. 3d 320, 1975 Ill. App. LEXIS 1894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilson-illappct-1975.

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