People v. Deweese

• Decision Date: 22 March 1963
• Docket Number: No. 36910,36910
• Citation: People v. Deweese, 27 Ill.2d 332, 189 N.E.2d 247 (Ill. 1963)
• Parties: The PEOPLE of the State of Illinois, Defendant in Error, v. Ernest H. DEWEESE, Plaintiff in Error.
• Court: Illinois Supreme Court

Page 247

189 N.E.2d 247

27 Ill.2d 332

The PEOPLE of the State of Illinois, Defendant in Error, v.Ernest H. DEWEESE, Plaintiff in Error.

No. 36910.

Supreme Court of Illinois.

March 22, 1963.

Philip C. Kauffmann, Winnetka, for plaintiff in error.

William G. Clark, Atty. Gen., Springfield, and Daniel P. Ward, State's Atty., Chicago (Fred G. Leach and E. Michael O'Brien, Asst. Attys.Gen., and Edward J. Hladis and James R. Thompson, Asst. State's Attys., of counsel), for defendant in error.

DAILY, Justice.

Defendant, Ernest Deweese, pleaded guilty to two indictments charging him with separate crimes of burglary and was thereafter sentenced by the criminal court of Cook County to concurrent terms of five to ten years in the penitentiary.He prosecutes this writ of error for review contending that the court erred in denying a motion to suppress certain evidence; that his plea of guilty was never accepted by the court; that a motion for a change of venue should have been granted; and that certain prior convictions were improperly proved at the hearing in aggravation and mitigation.

The record discloses that in September, 1959, three indictments charging burglary were returned against defendant and that, upon arraignment, pleas of not guilty were entered to each.In due course defendant made a motion to suppress certain evidence upon the ground that it had been obtained as the result of an unlawful search and seizure but, after a hearing, the motion was denied.When this occurred, defendant's counsel withdrew the pleas of not guilty and entered pleas of guilty to the two indictments involved in this review.The court admonished defendant as to his rights and the consequences of the guilty pleas and, while he was so doing, defendant interrupted and requested a change of venue on the ground that the court was prejudiced against him.Apparently construing defendant's request as an indication that he did not wish to plead guilty, the court next advised defendanthe could withdraw the pleas and submit to a court or jury trial as he wished.In a colloquy which followed defendant admitted his guilt, stated that a jury would 'kill' him 'on his record,' and insistently stated no less than three times that he wanted to plead guilty.Finally, after defendant had consulted with his counsel and again manifested a desire to plead guilty, the court accepted the pleas and proceeded to hear witnesses as to the aggravation and mitigation of the two offenses.

In view of his subsequent pleas of guilty, defendant's contention that the trial court erred in denying his motion to suppress is not well taken.A plea of guilty waives any defect not jurisdictional.And where a defendant waives a jury trial and pleads guilty, no issue remains to be tried.(People v. Wilfong, 19 Ill.2d 406, 168 N.E.2d 726;People v. Claybrooke, 15 Ill.2d 586, 155 N.E.2d 626.)The right to trial by jury is waived and with it the constitutional guarantees with respect to the conduct of criminal trials unless, of course, the plea of guilty is coerced or otherwise wrongfully obtained.(People v. Grabowski, 12 Ill.2d 462, 466, 147 N.E.2d 49;People v. Smith, 23 Ill.2d 512, 514, 179 N.E.2d 20.)Here there is no claim that the guilty pleas were coerced, (indeed the record shows almost vehement insistence on defendant's part) thus the purported irregularities raised by the motion to suppress must be deemed to have been waived.We would also add in passing that the issue of whether the evidence in...