People v. Scott, 43340
| Court | Supreme Court of Illinois |
| Writing for the Court | SCHAEFER |
| Citation | 49 Ill.2d 231,274 N.E.2d 39 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. Thomas SCOTT, Appellant. |
| Docket Number | No. 43340,43340 |
| Decision Date | 30 September 1971 |
Page 39
v.
Thomas SCOTT, Appellant.
Thomas Scott, pro se, and Terrence J. Maloney, Senior Law Student, for appellant.
William J. Scott, Atty. Gen., Springfield, and Edward V. Hanrahan, State's Atty., Chicago (James B. Zagel, Asst. Atty. Gen., and Robert A. Novelle, Asst. State's Atty., of counsel), for the People.
SCHAEFER, Justice.
On June 1, 1964, the defendant, Thomas Scott, [49 Ill.2d 232] pleaded guilty in the circuit court of Cook County to a charge of murder, and he was sentenced to imprisonment for not less than 25 nor more than 50 years. His Pro se post-conviction petition was denied without an evidentiary hearing on February 20, 1970, and he has appealed directly to this court. (43 Ill.2d R. 651(a).) His motion for leave to proceed Pro se without the appointment of counsel to represent him was allowed, and his brief states that it was prepared by another inmate.
The indictment charged the defendant and four others with the murder of James Arline, Jr., a cab driver. The record shows that the murder charges against three of the others were Nolle prossed, and the defendant states that the fourth was tried, found guilty, and sentenced to imprisonment for not less than 14 nor more than 20 years.
On June 1, 1964, the defendant informed the trial court that he had discussed the murder charge with his privately retained counsel and wanted to plead guilty. The court advised him of the potential sentence
Page 40
and accepted his guilty plea and entered judgment only after he had responded that he was in fact guilty and understood both the nature of the charge and the facts of the case. Defense counsel then stipulated to the defendant's age and to a brief statement of the facts surrounding the murder charge. That statement indicated that in the early morning hours of November 27, 1963, the five indictees 'flagged down' a cab driven by James Arline, Jr. and directed Arline to drive them to '324 East 44th Street.' Three of them got out of the vehicle, and 'Thomas Scott using a gun shot James Arline, and the cab driver was killed during the course of a robbery.'On January 16, 1969, the defendant filed his verified Pro se petition under the Post-Conviction Hearing Act. (Ill.Rev.Stat.1967, ch. 38, pars. 122--1 et seq.) In it he contended that his constitutional rights had been violated because the trial court...
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People v. Nichols, 80-47
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