People v. Caskey

Decision Date24 March 1972
Docket NumberGen. No. 71--322
Citation4 Ill.App.3d 920,282 N.E.2d 250
PartiesPEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jerry C. CASKEY, Defendant-Appellant.
CourtUnited States Appellate Court of Illinois

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 181. Defendant's verified post conviction petition, therefore, states an issue which remains unrefuted by the record which issue can only be resolved by an evidentiary hearing.

We, therefore, reverse the decision of the trial court dismissing defendant's petition and remand the cause to the Circuit Court of St. Clair County for the purpose of conducting an evidentiary hearing to determine the validity of defendant's plea.

Reversed and remanded.

CREBS and JONES, JJ., concur.

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7 cases
  • State v. Myers
    • United States
    • West Virginia Supreme Court
    • November 20, 1998
    ...Cir. 1971); People v. Bannan, 364 Mich. 471, 110 N.W.2d 673 (1961); Crossin v. State, 262 So.2d 250 (Fla.App.1972); People v. Caskey, 4 Ill.App.3d 920, 282 N.E.2d 250 (1972).14 We believe that it would be a manifest injustice and inconsistent with our prior decisions to not allow Mr. Myers ......
  • Miller v. State
    • United States
    • Maryland Court of Appeals
    • July 26, 1974
    ...States, 306 F.2d 707 (9th Cir. 1962); People v. Barajas, supra; Crossin v. State, 262 So.2d 250 (Fla.App. 1972); People v. Caskey, 4 Ill.App.3d 920, 282 N.E.2d 250 (1972); Wood v. Commonwealth, People v. Bannan, 364 Mich. 471, 110 N.W.2d 673 (1961); State v. Wolske, 280 Minn. 465, 160 N.W.2......
  • Brooks v. Narick
    • United States
    • West Virginia Supreme Court
    • April 4, 1978
    ...Cir. 1971); People v. Bannan, 364 Mich. 471, 110 N.W.2d 673 (1961); Crossin v. State, 262 So.2d 250 (Fla.App.1972); People v. Caskey, 4 Ill.App.3d 920, 282 N.E.2d 250 (1972); State ex rel. Clancey v. Coiner, 154 W.Va. 857, 179 S.E.2d 726 (1971). We have been cited to no cases contra, nor ha......
  • Sturgis v. State, 795
    • United States
    • Court of Special Appeals of Maryland
    • April 8, 1975
    ...People v. Barajas, (26 Cal.App.3d 932, 103 Cal.Rptr. 405 (1972)); Crossin v. State, 262 So.2d 250 (Fla.App. 1972); People v. Caskey, 4 Ill.App.3d 920, 282 N.E.2d 250 (1972); Wood v. Commonwealth, (469 S.W.2d 765 (Ky. 1971)); People v. Bannan, 364 Mich. 471, 110 N.W.2d 673 (1961); State v. W......
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