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People v. Prater

The People of the State of Illinois, Plaintiff-Appellee, v. Steven Joseph Prater, Defendant-Appellant

People v. Prater, 299 N.E.2d 26 (Ill. App. Ct. 1973)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
June 27, 1973
Docket
No. 11947
Judges
Simkins
Citations
299 N.E.2d 2612 Ill. App. 3d 4521973 Ill. App. LEXIS 2267
Cited by 8

Opinion — Simkins

Mr. JUSTICE SIMKINS delivered the opinion of the court:

On January 5, 1971, defendant-appellant Steven Prater and Neil Buchanan (who does not join in this appeal) were indicted for theft and burglary. On March 8, both defendants appeared with counsel for a hearing on a motion to suppress evidence. At this time defendant Prater, through his attorney, declined to participate in the hearing on the motion.

On March 13, 1972, defendant withdrew his plea of not guilty and entered a plea of guilty. He was sentenced to an indeterminate term of 1 to 10 years in the penitentiary.

Defendant urges that his plea was invalid because the trial judge failed to admonish him that by pleading guilty he was waiving any defense involving search and seizure of certain evidence. Defendant cites no authority for this contention nor are we aware of any. Rule 402 is specific in its requirements; it was complied with here and the plea, having been so taken, is a valid plea. See People v. Mendoza, 48 Ill.2d 371 , 270 N.E.2d 30 , Defendant also urges that the denial of probation was an abuse of discretion. In view of the fact that defendant had five prior convictions including possession of stolen property, theft over $150 and second degree burglary, this contention merits no discussion. The trial judge did not abuse his discretion in the denial of probation.

Defendant’s co-indictee Neil Buchanan was given probation with provision for six months incarceration. Defendant urges that the disparity between his sentence and the granting of probation to Buchanan was “discriminatory”. The record discloses that Buchanan had no prior record. Different sentences given co-defendants are not discriminatory where there is a basis in the record for the distinction. People v. Robinson, 3 Ill.App.3d 267 , 278 N.E.2d 137 .

Judgment affirmed.

CRAVEN, P. J., and SMITH, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1974: 11975: 21978: 21979: 11981: 11988: 119742026peak 1975 · 2

Relies on it most ⓘ

  1. People v. Crutcher390 N.E.2d 571 (Ill. App. Ct. 1979)
  2. People v. Kline425 N.E.2d 562 (Ill. App. Ct. 1981)
  3. People v. Johnson530 N.E.2d 627 (Ill. App. Ct. 1988)
  4. People v. Green316 N.E.2d 530 (Ill. App. Ct. 1974)
  5. People v. Stambor337 N.E.2d 63 (Ill. App. Ct. 1975)
  6. People v. Johnson375 N.E.2d 1027 (Ill. App. Ct. 1978)

Most recent

  1. People v. Johnson530 N.E.2d 627 (Ill. App. Ct. 1988)
  2. People v. Kline425 N.E.2d 562 (Ill. App. Ct. 1981)
  3. People v. Crutcher390 N.E.2d 571 (Ill. App. Ct. 1979)
  4. People v. Rodriguez376 N.E.2d 460 (Ill. App. Ct. 1978)
  5. People v. Johnson375 N.E.2d 1027 (Ill. App. Ct. 1978)
  6. People v. Stambor337 N.E.2d 63 (Ill. App. Ct. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
People v. Mendoza, 270 N.E.2d 30 (Ill. 1971) 59
People v. Robinson, 278 N.E.2d 137 (Ill. App. Ct. 1971) 4

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