The PEOPLE v. Eldredge

244 N.E.2d 151, 41 Ill. 2d 520, 1969 Ill. LEXIS 407
CourtIllinois Supreme Court
DecidedJanuary 29, 1969
Docket41156
StatusPublished
Cited by15 cases

This text of 244 N.E.2d 151 (The PEOPLE v. Eldredge) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The PEOPLE v. Eldredge, 244 N.E.2d 151, 41 Ill. 2d 520, 1969 Ill. LEXIS 407 (Ill. 1969).

Opinion

Mr. Justice Underwood

delivered the opinion of the court:

On April 14, 1965, defendant Phillip Dean Eldredge pleaded guilty in the circuit court of Edgar County to armed robbery and was sentenced to 10-30 years imprisonment. A pro se post-conviction petition was filed on April 14, 1967, to which was attached as an exhibit a transcript of the proceedings on the plea of guilty. Counsel was appointed, the petition amended by defendant and the State’s motion to dismiss was subsequently allowed. From the order dismissing the petition this appeal is taken.

Defendant filed numerous pro se pleadings in- the trial court post-conviction proceedings in which he was represented by appointed counsel of his own choice. In addition to the brief filed on his behalf by appointed counsel in this appeal, defendant has filed a pro se “reply brief”. Numerous questions are raised regarding the constitutional validity of the trial court proceedings, and, while the trial court apparently considered the allegations of the post-conviction petition insufficient to necessitate an evidentiary hearing, it is also apparent from the order of dismissal that the merits of the allegations were considered and determined by reference to the transcript.

Defendant was arrested and charged with the October 23, 1963, armed robbery of the Dari-Drive in Paris, Illinois. While in custody he confessed to the charge for which he was being held, and to 15 separate and unrelated offenses, most of which occurred in the Paris area, including 7 armed robberies, 4 burglaries, 2 criminal damage to property and 2 theft violations.

Defendant subsequently appeared in court with his appointed counsel, waived indictment and entered his plea. While it would unduly extend this opinion to quote the inquiries, explanations and admonitions of the trial judge to defendant, it is apparent from a reading of the record that the court carefully and clearly advised defendant of the nature and statutory definitions of the charge against him, reading and explaining the facts contained in the information, and asking defendant if he understood them. When defendant indicated he had made oral and written confessions, the court examined him at length during which defendant disclaimed and denied any threats, promises, coercion or inducement to confess. His rights to indictment 'by grand jury, to a jury trial, and to subpoena witnesses and documents, and the statutory minimum and maximum punishments were all explained in considerable detail. Repeatedly the court inquired whether defendant had any questions regarding the judge’s explanations and admonitions. Each time defendant indicated he did not. It was indicated that defendant and his lawyer had conferred on a number of occasions, that defendant was satisfied with counsel’s service, and that defendant did not desire any additional time for the purpose of further consultation. A plea of guilty was thereafter accepted. Judgment was entered thereon, and defendant’s attorney then stated that defendant would not seek probation because he did not feel he deserved it. The court questioned defendant about this and defendant personally stated that he wished to waive application for probation. At that time defendant’s attorney indicated that he was ready to proceed with the hearing on mitigation. The State’s Attorney stated that defense counsel and he had entered into an agreement whereby the State’s Attorney would state certain facts rather than present evidence and “it’s my understanding the stipulation is with the agreement of defendant himself.” The State’s Attorney then related the facts regarding the defendant’s previous arrests and convictions, and defendant, when asked by the court, indicated the facts related were correct. The formal records of these convictions were not offered into evidence. The stipulation also contained the list of prior offenses as to which defendant had confessed or made incriminating admissions while in custody of police officials awaiting trial on the present charge. After the entire stipulation had been presented the court asked defendant, “Do you have any corrections, alterations or explanations that you want to make with reference to that?” The defendant answered, “No, sir.”

Defense counsel then offered to place defendant on the stand. The court responded, “I would like to hear from Mr. Eldredge on the particular offense we’re dealing with today.” Defendant’s testimony consisted of a statement of the facts of this offense. In response to questions from his attorney he agreed that he had previously indicated he did not wish his parents to take the stand even though he was aware that they were going to do so in his behalf. At the conclusion of the direct examination by defendant’s own attorney the court questioned defendant. Defendant stated he had finished high school with average grades, had been employed at various jobs on farms and in factories since that time, and that during the past year he had been employed at the Bastion and Blessing Company. When asked by the court what he was trying to accomplish by this series of offenses defendant responded that he “intended to benefit by these by getting money to get things that he had never had.”

The State’s Attorney cross-examined defendant, mainly as to the motive and reasons for defendant’s participation in the separate, unrelated and uncharged offenses to which he had confessed while in custody. Defendant testified that he had participated in the armed robberies in order to obtain the money and other property which they yielded. When questioned about the garage burning, he responded that he selected the particular garage for no reason other than “he just wanted to do it out of pure meanness.” Following a brief re-direct examination by defense counsel the court asked defendant if there was anything further he wished to tell the court in mitigation. Defendant’s response was, “Well, only that I’m aware of the wrong I have done. I want to pay my penalty and have another chance, that’s all.” Thereafter, sentence was imposed.

Defendant’s post-conviction petition is replete with conclusionary statements devoid of factual support. The petition is sufficient, however, to present what we understand to be the substance of his contentions : (1) That it was error to permit, in the aggravation and mitigation hearing, a showing of his prior record of convictions other than by an authenticated record thereof; (2) That he was “virtually unrepresented” at that hearing by his attorney’s failure to object to the State’s Attorney’s statement regarding other uncharged crimes to which defendant had confessed; (3) That consideration in that hearing of defendant’s prior felony conviction was improper because his plea of guilty to that i960 conviction had been coerced, and, in any event, its consideration in imposing sentence in the present case was a violation of the double jeopardy prohibitions of both the State and Federal constitutions.

The judge who dismissed the post-conviction petition did so only after consideration of the transcript of the 1965 pre-sen fencing hearing. He clearly concluded an evidentiary hearing upon the petition unnecessary in view of the contents of the transcript. With this conclusion we agree.

Our recent opinion in People v. Adkins, Docket No. 41387, is highly relevant here and we consider it to be dis-positive of much of defendant’s argument.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Whitehead
662 N.E.2d 1304 (Illinois Supreme Court, 1996)
People v. Price
495 N.E.2d 517 (Appellate Court of Illinois, 1986)
People v. Young
485 N.E.2d 443 (Appellate Court of Illinois, 1985)
People v. Bankhead
462 N.E.2d 899 (Appellate Court of Illinois, 1984)
People v. Profit
347 N.E.2d 67 (Appellate Court of Illinois, 1976)
People v. Mason
329 N.E.2d 794 (Appellate Court of Illinois, 1975)
People v. Caldwell
304 N.E.2d 292 (Illinois Supreme Court, 1973)
People v. Cox
291 N.E.2d 1 (Illinois Supreme Court, 1972)
People v. Palmer
289 N.E.2d 260 (Appellate Court of Illinois, 1972)
People v. Hampton
282 N.E.2d 469 (Appellate Court of Illinois, 1972)
People v. Schleyhahn
281 N.E.2d 409 (Appellate Court of Illinois, 1972)
People v. Turner
264 N.E.2d 145 (Illinois Supreme Court, 1970)
The People v. Curtis Smith
248 N.E.2d 85 (Illinois Supreme Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
244 N.E.2d 151, 41 Ill. 2d 520, 1969 Ill. LEXIS 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-eldredge-ill-1969.