People v. Caskey

• Decision Date: 24 March 1972
• Docket Number: Gen. No. 71--322
• Citation: 4 Ill.App.3d 920,282 N.E.2d 250
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jerry C. CASKEY, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 250

282 N.E.2d 250

4 Ill.App.3d 920

PEOPLE of the State of Illinois, Plaintiff-Appellee, v.Jerry C. CASKEY, Defendant-Appellant.

Gen. No. 71--322.

Appellate Court of Illinois, Fifth District.

March 24, 1972.

Paul Bradley, Dist. Defender, Ill. Defender Project, Mount Vernon, for defendant-appellant; Robert E. Farrell, Asst. Dist. Defender, Mount Vernon, of counsel.

Robert H. Rice, State's Atty., St. Clair County, Belleville, for plaintiff-appellee.

GEORGE J. MORAN, Presiding Justice.

Defendant, Jerry C. Caskey, entered a plea of guilty to a charge of burglary and was sentenced to the penitentiary for a term of not less than five nor more than 15 years.He thereafter filed a post conviction petition which was dismissed on motion of the State's Attorney.His only contention on appeal is that the court erred in dismissing defendant's post conviction petition without an evidentiary hearing.

Prior to receiving defendant's guilty plea, the court conducted an inquiry into the circumstances surrounding defendant's desire to so plead.During this inquiry the State's Attorney stated that he had conferred with defense counsel concerning the case at which time he indicated that he would make a recommendation to the court in regard to the punishment to be imposed.We have reviewed the entire record and find that despite this promise no recommendation was ever made.

It is well established in this state that a plea of guilty induced by unfulfilled promises loses its voluntary nature and shall be considered void.(People v. Washington, 38 Ill.2d 446, 232 N.E.2d 738;People v. Spicer, 47 Ill.2d 114, 264 N.E.2d...