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21 Ill. App. 3d 3

People v. Schoate

Appellate Court of Illinois

Decided June 13, 1974

Appellate Court of Illinois · decided 1974-06-13

Cited by 2 later decisions — most recently February 1975

2 state decisions

Relies on 21 Ill. App. 3d 10 - People v. Horne

Good law ✅— No negative treatment on recordhow we know

Decided 1974-06-13

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PER CURIAM:

¶1Defendant 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.

¶2The 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)).

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

¶4 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).

¶5Reversed and remanded with directions.

¶6Mr. JUSTICE G. MORAN took no part in the consideration or decision of this case.

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