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eBook details

• Title: People v. Mccoy
• Author : Supreme Court of Illinois
• Release Date : January 26, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Defendant, Richard J. McCoy, appealed from the judgment of the circuit court of Cook County entered upon allowance of the People's motion to dismiss his amended petition filed pursuant to the Post-Conviction Hearing Act (Ill. Rev. Stat. 1975, ch. 38, par. 122-1 et seq.). In a Rule 23 order the appellate court reversed and remanded the cause to the circuit court with directions to permit petitioner to plead anew to the charge upon which he had been previously convicted (54 Ill. App.3d 1112), and we allowed the People's petition for leave to appeal. It is alleged in defendant's amended post-conviction petition that following a plea of guilty to the charge of burglary, and upon stipulating that that offense constituted a violation of an earlier probation, defendant's probation was revoked and he was sentenced to concurrent terms of 1 to 3 years on both the plea of guilty and on the probation violation. It is further alleged that the plea of guilty was not knowingly and intelligently made for the reason that petitioner was not advised that in addition to the penitentiary sentence imposed he would also be required to serve three years on parole. The record shows that on September 3, 1975, represented by an assistant public defender, defendant pleaded guilty to the offense of burglary, that at the same time defendant's probation on an earlier charge was revoked and he was sentenced to concurrent terms of 1 to 3 years at the State Farm at Vandalia. The record reflects that the plea of guilty was accepted and the sentences imposed in accordance with an agreement negotiated between the assistant State's Attorney and the assistant public defender.

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