187 N.E. 450 | Ill. | 1933
Edward Collins was indicted in the criminal court of Cook county for robbery, for robbery while armed with a dangerous weapon and for driving away a motor vehicle without the owner's consent. The defendant's first plea was not guilty, but later he withdrew it and pleaded guilty. The court explained the consequences that might result from the latter plea, but the defendant persisted in it. On June 16, 1932, he was found guilty of robbery and sentenced to the State penitentiary at Joliet. Subsequently, on June 27, 1932, at the same term of court, he made application for probation. The hearing upon the application was postponed to the succeeding term and on July 12, 1932, the application was denied. On the same day, the court entered an order purporting to vacate the sentence of imprisonment in the penitentiary at Joliet and to substitute imprisonment in the Southern Illinois penitentiary at Menard. The authorities at Menard refused to receive a prisoner from Cook county, and the defendant was returned to the county jail. On September 27, 1932, at the third term succeeding his original sentence, he made a motion, supported by affidavit, to vacate the judgment and sentence and for leave to withdraw his plea of guilty. The hearing on this motion was *470 postponed until October 19, 1932, when the motion was denied. Later, on October 24, 1932, the court entered an order purporting to vacate the sentence imposed on July 12, 1932, and again to sentence the defendant to imprisonment in the penitentiary at Joliet. To obtain a review of the record, he prosecutes this writ of error.
A reversal of the judgment is sought upon three grounds, first, that the consequences of entering the plea of guilty were not fully explained to the plaintiff in error; second, that the judgment by which he was found guilty of robbery is void, and third, that the court erred in refusing to permit the withdrawal of the plea of guilty and the substitution therefor of the plea of not guilty.
A recital in the record that the defendant was fully informed of the effect of his plea of guilty shows a sufficient compliance with the statute to warrant a sentence. The particular words spoken in warning the defendant constitute no part of the record. (People v. Harney,
The court, by the original judgment, as well as by the successive purported judgments entered on July 12, 1932, and October 24, 1932, found the plaintiff in error guilty of the crime of "plain" robbery. While the word "plain" in connection with the word "robbery" has no technical meaning, yet by the use of the former word, the trial court intended to distinguish the robbery for which the plaintiff in error was convicted from the aggravated offense of robbery while armed with a dangerous weapon. The conviction was for a robbery committed without such a weapon, and the original judgment and sentence are valid.People v. Blumberg,
The third contention is likewise untenable. By section 2 of the act providing for a system of probation (Cahill's Stat. 1931, pp. 1098, 1099; Smith's Stat. 1931, pp. 1102, 1103), any defendant convicted of a crime, with the exceptions enumerated, "may, in the discretion of the judge hearing the case, after entry of judgment, and nothing remains to be done by the court except to pronounce sentence, be admitted to probation" according to the provisions of the act. The application for probation must be made before sentence is pronounced. (People v. Andrae,
After the expiration of the term at which a judgment on a plea of guilty to an indictment was entered and sentence *472
pronounced, and in the absence of an appropriate motion or proceeding instituted within that term to retain jurisdiction, the court has no power to vacate or alter its final judgment. (People v. Moore,
The judgment of the criminal court is affirmed.
Judgment affirmed.