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27 Ill. App. 3d 208

People v. Wiser

Appellate Court of Illinois

Decided April 10, 1975

Appellate Court of Illinois · decided 1975-04-10

Cited by 3 later decisions — most recently November 2022

3 state decisions

Relies on 12 Ill. 2d 265 - The PEOPLE v. Cox · 48 Ill. 2d 111 - The PEOPLE v. Nardi · 17 Ill. App. 3d 809 - People v. Holvey

Good law ✅— No negative treatment on recordhow we know

Decided 1975-04-10

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Mr. PRESIDING JUSTICE SIMKINS

¶1delivered the opinion of the icourt:

¶2On August 1, 1972, defendant-appellant Clyde O. Wiser, pursuant to plea negotiations, entered his plea of guilty to the charge of theft over •'$150. He was sentenced to an indeterminate term of 2 to 10 years. There ’•was no direct appeal from the conviction.

¶3On October 23, 1973, a hearing was had on defendant’s petition for post-conviction relief which was denied. At the same time the trial judge denied defendant’s motion for leave to amend the petition. The amendment alleged that the record demonstrated that no factual basis for the plea was established in contravention of the requirements of Supreme Court Rule 402(c) (Ill. Rev. Stat. 1971, ch. 110A, par. 402(c)), which provides:

“The court shall not enter final judgment on a plea of guilty without first determining that there is a factual basis for the plea.”

¶4The sole issue presented by this appeal is whether or not failure to comply with the above quoted requirement of the Rule raises an issue of constitutional dimensions.

¶5 This issue was decided adversely to defendant’s contentions in People v. Nardi, 48 Ill.2d 111, 116, 268 N.E.2d 389. In Nardi the court held that the requirements of Rule 402(c) are not constitutionally mandated. To the same effect see People v. Holvey, 17 Ill.App.3d 809, 308 N.E.2d 622; People v. Gersbacher, 4 Ill.App.3d 921, 282 N.E.2d 238.

¶6 Since only constitutional errors may be raised in petitions seeking post-conviction relief (People v. Cox, 12 Ill.2d 265, 146 N.E.2d 19), the order of the trial court was correct and the judgment is affirmed. We overrule People v. Miller, 19 Ill.App.3d 864, 312 N.E.2d 352.

¶7Judgment affirmed.

¶8TRAPP, J., concurs.

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