86 N.E.2d 212 | Ill. | 1949
John Ashley, plaintiff in error, was indicted in the circuit court of Randolph County for the crime of larceny of an automobile, and for receiving and aiding in concealing an automobile. On March 3, 1947, the defendant, upon arraignment, entered a plea of guilty of larceny of a motor vehicle. He was advised of his rights and cautioned by the court, and, persisting in his plea of guilty, the court thereupon entered the following sentence: "* * * doth find and adjudge the defendant, John Ashley, guilty of the crime of Larceny of a motor vehicle in manner and form as charged in the indictment, and doth further find the age of the defendant to be twenty-two years, and the said defendant is accordingly hereby sentenced by the Court to the Illinois State Penitentiary for a term of one year to twenty years, there to remain until discharged according to law, and the statute in such case made and provided; the Court after hearing evidence and the recommendations of the State's Attorney, fixed the minimum duration of imprisonment to be ten years. Mittimus ordered to issue."
The case comes to this court upon the common-law record and upon the claim of the plaintiff in error that the judgment is not specific and certain so as to comply with the amendment to the Parole Act of 1943. Ashley relies upon People v. Jackson,
The exact point covered in this case is decided in People v.Bellmeyer,
The judgment of the circuit court of Randolph County is accordingly affirmed.
Judgment affirmed.