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People v. Partin

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eBook details

  • Title: People v. Partin
  • Author : Supreme Court of Illinois
  • Release Date : January 30, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Defendant, Louis Partin, pleaded guilty in the circuit court of Sangamon County to one count of attempt (armed robbery) as a result of a negotiated plea agreement, pursuant to which the State dismissed a murder charge. The court sentenced defendant to a term of 2 to 14 years' imprisonment, and the Appellate Court for the Fourth District affirmed (People v. Seymour (1972), 8 Ill. App.3d 745). This appeal involves the subsequent proceedings of a post-conviction petition which was dismissed by the trial court without an evidentiary hearing. The appellate court reversed, one member dissenting (45 Ill. App.3d 668), and we allowed the State's petition for leave to appeal. Partin, Rickie Seymour, also referred to in the proceedings as Rickie Seymore, and Charles Holmes were indicted for murder and attempted armed robbery. Holmes was tried separately and found guilty. The criminal responsibility of Partin and Seymour depended on an accountability theory. These defendants, for whom the public defender was appointed, retained private counsel who represented them during the proceedings culminating in a negotiated plea of guilty of attempted armed robbery at a May 1971 hearing. In the initial appeal, defense counsel filed an Anders brief (Anders v. California (1967), 386 U.S. 738, 18 L.Ed.2d 493, 87 S.Ct. 1396) described in the post-conviction petition as indicating there was no justiciable issue for review and any request for review would be frivolous. The Anders motion and brief were served on defendant. The appellate court granted counsel leave to withdraw and gave defendant 60 days in which to file any additional suggestions. The opinion of the appellate court states that letters were received protesting defendant's innocence and referring to matters dehors the record or not supported by it. That court then reviewed the record and affirmed the judgment, holding that our Rule 402 (58 Ill.2d R. 402) was fully complied with and that the guilty pleas were knowingly, voluntarily and freely made.


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