[DOWNLOAD] "People v. Hale" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: People v. Hale
- Author : Supreme Court of Illinois
- Release Date : January 17, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The defendant, Jerry L. Hale, pleaded guilty to armed robbery in the circuit court of Coles County. Prior to sentencing, he filed a motion to withdraw his guilty plea under Supreme Court Rule 604(d) (73 Ill.2d R. 604(d)). The motion was denied and defendant was sentenced to six years' imprisonment. Thereafter, defendant's second motion to withdraw his guilty plea was also denied. On appeal, the appellate court ruled that the trial court had abused its discretion in refusing to allow defendant to withdraw his guilty plea, and, accordingly, it vacated the judgment and remanded the cause to the circuit court with directions to allow defendant to do so. (77 Ill. App.3d 721.) The State appeals. The State contends that the circuit court properly refused to allow the defendant to withdraw his guilty plea in that he failed to prove, by substantial objective proof, that he submitted his guilty plea under a misapprehension of law or fact. The State points out that this court has not yet established a standard to be applied in determining what evidence a defendant must produce before permission to withdraw a guilty plea will be granted. The defendant counters that, because his testimony was unrefuted regarding his mistaken subjective impression, the appellate court correctly found that the trial court had abused its discretion in refusing to allow him to withdraw his guilty plea.