People v. Wilbourn, 43387
| Court | Supreme Court of Illinois |
| Writing for the Court | KLUCZYNSKI |
| Citation | 268 N.E.2d 418,48 Ill.2d 187 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. John WILBOURN, Appellant. |
| Docket Number | No. 43387,43387 |
| Decision Date | 01 April 1971 |
Page 418
v.
John WILBOURN, Appellant.
[48 Ill.2d 188] Stephen D. Gay, Peoria, for appellant.
William J. Scott, Atty. Gen., Springfield, and Robert S. Calkins, State's Atty., Peoria (Fred G. Leach and Thomas J. Immel, Asst. Attys. Gen., and Roland N.
Page 419
Litterst, Asst. State's Atty., of counsel), for the People.KLUCZYNSKI, Justice.
On January 28, 1969, in the circuit court of Peoria County, defendant, John Wilbourn, was convicted of voluntary manslaughter on his plea of guilty and was sentenced to the penitentiary for a term of not less than 12 years and not more than 20 years. This appeal is from a subsequent judgment of said court dismissing defendant's post-conviction petition after a full evidentiary hearing.
The indictment against defendant contained three counts, who charging murder and a third charging voluntary manslaughter. During the impaneling of the jury defendant was permitted to charge his not guilty plea to one of guilty on the voluntary manslaughter charge. The two counts of murder were stricken on motion of the State's Attorney.
[48 Ill.2d 189] Defendant admits that he was fully and understandingly informed by the court of all his constitutional rights and the consequences of his plea to the manslaughter charge. But he argues that his constitutional rights were violated in that he was wrongfully induced to plead to the lesser charge solely because his own attorney told him that if he did not do so he would get the electric chair on the murder charge.
It is apparent from the record in the post-conviction proceeding that defendant's present explanation of the reason for his guilty plea is a belated one. Other than his bare assertion, there is no evidence whatsoever to support his contention. His experienced trial attorney testified that the possibilities of a murder conviction and its consequences, and the consequences of a plea to the lesser charge, were fully discussed with the defendant in the presence of his minister, that defendant asked him to negotiate with the State's Attorney to see what he could get, that he never at any time told defendant that he would get the death penalty on a murder conviction, and that the plea to voluntary manslaughter and the recommended sentence of 12 to 20 years was accepted and fully understood by defendant. Under these circumstances there can be no...
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People v. Rademacher, 3–13–0881.
...* * does not confer any constitutional rights.’ ” People v. Scott, 49 Ill.2d 231, 234, 274 N.E.2d 39 (1971) (quoting People v. Wilbourn, 48 Ill.2d 187, 190, 268 N.E.2d 418 (1971) ). ¶ 38 The error alleged here by defendant would not rise to the level of a constitutional deprivation because ......
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People v. Logan, 13134
...no such error has occurred in sentencing hearings when a trial court imposed sentence without sufficient information (People v. Wilbourn, 48 Ill.2d 187, 268 N.E.2d 418), upon misinformation (People v. Lee, 5 Ill.App.3d 421, 283 N.E.2d 740), without considering sentences received by codefend......
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People v. Mason, 74--119
...of fear of a possible death penalty (See: North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162; People v. Wilbourn, 48 Ill.2d 187, 268 N.E.2d 418; People v. Sephus, 46 Ill.2d 130, 262 N.E.2d 914), nor the allegation of fear of possible use at trial of the co-defendant's testi......
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People v. Keagbine, 78-288
...Carolina, 397 U.S. 790, 90 S.Ct. 1458, 25 L.Ed.2d 785 (1970); People v. Scott, 49 Ill.2d 231, 274 N.E.2d 39 (1971); People v. Wilbourn, 48 Ill.2d 187, 268 N.E.2d 418 (1971); People v. Salerno, 54 Ill.App.3d 806, 12 Ill.Dec. 514, 370 N.E.2d 137 (2d Dist. 1977).) If it is permissible for a de......