75 N.E.2d 861 | Ill. | 1947
Plaintiff in error, Cecil Carter, who appears pro se, was indicted with two others in the circuit court of Pulaski County, at the April, 1930, term of said court, for the crime of burglary and larceny. The indictment alleged the value of the property taken to be $500. After arraignment all three defendants entered pleas of guilty. Plaintiff *338 in error then being twenty years of age was sentenced to imprisonment in the reformatory at Pontiac for an indeterminate term as provided by law. No bill of exceptions being filed here, the cause is before us on the common-law record.
The errors assigned by which a reversal of the judgment is sought are: (1) That plaintiff in error did not have counsel to advise and represent him; (2) that the court did not examine witnesses as to the aggravation and mitigation of the offense; (3) that he was forced to trial without having an opportunity to prepare his defense; (4) that he did not waive a jury; (5) that he was not furnished with a copy of the indictment, a list of jurors or a list of witnesses; (6) that the consequences of his plea of guilty were not properly explained to him; (7) that the State's Attorney secured his plea of guilty by promises of leniency in his sentence.
It is first contended by plaintiff in error that he did not have counsel appointed to represent him and protect his rights. It is not shown by the record that the defendant informed the court or in any way indicated that he desired counsel. We have repeatedly held that the right to be represented by counsel is a personal right which a defendant may waive or claim as he himself may determine. (People v. Foster,
It is next contended the court did not examine witnesses as to the aggravation and mitigation of the offense. Plaintiff in error did not request the court to hear evidence in aggravation or mitigation of the offense. After a plea *339
of guilty, if neither party makes a request for an examination of witnesses as to aggravation or mitigation of the offense, such hearing will be deemed waived. (People v. Bernovich,
Plaintiff in error contends that he was forced to trial with such expedition that he did not have an opportunity to prepare his defense. The record does not disclose that plaintiff in error made any request for additional time in which to plead or prepare his defense, or that he was forced to plead or was rushed into trial against his wishes. *340
From an examination of the record it does not appear that plaintiff in error requested additional time or that the court's refusal to give it in some way prejudiced the rights of plaintiff in error. (People v. Dale,
Plaintiff in error claims he was not furnished with a copy of the indictment or with a list of the jurors or witnesses, as required by statute. He has inserted in his abstract, marked as exhibit "A," an unauthenticated copy of an alleged mittimus issued by the circuit court of Pulaski County, which he claims contains a complete recital of all that took place at the time he was arraigned and sentenced. In this mittimus there is no recital whatever as to whether he was or was not furnished with a copy of the indictment or a list of the jurors or a list of the witnesses. This exhibit "A" is no part of the record and therefore cannot be considered.
We have, on numerous occasions, condemned the practice of inserting in the abstract or brief and arguing on review matters outside the record. (People v. Phelps,
An examination of the record further does not reveal any support for plaintiff in error's contention that the court did not explain to him the consequences of his plea of guilty and refused to advise him of his rights. The recitals in the judgment disclose he was properly admonished and advised of his rights.
He also contends that the State's Attorney told him that if he would plead guilty he would receive a sentence of from one to twenty years and would be paroled at the end of one year. There is nothing in the record to substantiate these statements.
We have examined the record in this case and the numerous contentions assigned by plaintiff in error and do not find any errors warranting a reversal.
For the foregoing reasons, the judgment of the circuit court of Pulaski County is affirmed.
Judgment affirmed. *342