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7 Ill. App. 3d 560

People v. Cooper

Appellate Court of Illinois

Decided October 4, 1972

Appellate Court of Illinois · decided 1972-10-04

Relies on Anders v. California

Decided 1972-10-04

Mr. PRESIDING JUSTICE TRAPP

¶1delivered the opinion of the court:

¶2Defendant was convicted of burglary upon his negotiated plea of guilty and sentenced to a term of one to ten years. He appeals.

¶3Counsel appointed upon appeal have filed a brief in conformity with the standard stated in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, together with a motion to withdraw as counsel. Pursuant to the order of this court granting time to file additional points or authorities, defendant has filed a pro se document which does not set forth matters relevant to appealable issues, but he asserts failure to provide a common law record and “notes” made at hearings held on two dates.

¶4The first date concerns his appearance, appointment of counsel and the setting of a date for preliminary hearing. The second hearing was limited to a waiver of a preliminary hearing.

¶5 Supreme Court Rule 607(b) provides that defendant shall be furnished a report of proceedings and the record shows that defendant was so supplied with a report of proceedings wherein defendant entered his negotiated plea of guilty. No other report of proceedings appear in the record.

¶6 We have examined the record and the report of proceedings and find that defendant entered his plea of guilty understandingly through his appointed counsel after full admonition by the court. The State’s Attorney described the facts and acts constituting the offense charged, and the defendant persisted in his plea of guilty. Evidence in mitigation was waived and defendant stated, in the record, that he wished to waive the right to petition for probation.

¶7The motion of counsel to withdraw should be, and the same is granted.

¶8The judgment is affirmed.

¶9Judgment affirmed.

¶10SMITH and SIMKINS, JJ„ concur.

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