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People v. Schoate

The People of the State of Illinois v. Anthony Schoate

People v. Schoate, 312 N.E.2d 763 (Ill. App. Ct. 1974)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
June 13, 1974
Docket
No. 71-190
Citations
312 N.E.2d 76321 Ill. App. 3d 31974 Ill. App. LEXIS 2140

Opinion of the Court — Per Curiam

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PER CURIAM: Defendant 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.

The 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)).

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

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).

Reversed and remanded with directions.

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

How later courts describe this case

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

1975: 119752026peak 1975 · 1

Relies on it most ⓘ

  1. People v. Van Gilder324 N.E.2d 715 (Ill. App. Ct. 1975)

Most recent

  1. People v. Van Gilder324 N.E.2d 715 (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 1

DepthCaseCited by
People v. Horne, 314 N.E.2d 633 (Ill. App. Ct. 1974) 6

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