{
  "id": 2824226,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Bernard E. Garner, Defendant-Appellant",
  "name_abbreviation": "People v. Garner",
  "decision_date": "1971-02-03",
  "docket_number": "No. 70-16",
  "first_page": "932",
  "last_page": "933",
  "citations": [
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      "cite": "130 Ill. App. 2d 932"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
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    {
      "cite": "44 Ill.2d 334",
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    {
      "cite": "395 U.S. 238",
      "category": "reporters:federal",
      "reporter": "U.S.",
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        1771759
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      "weight": 4,
      "opinion_index": 0,
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  "last_updated": "2023-07-14T21:36:32.959960+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Bernard E. Garner, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PER CURIAM:\nOn December 4, 1969 the defendant waived indictment and pleaded guilty to two counts of an information charging him with forgery in violation of Chapter 38, Par. 17\u20143(a)(1) and (a)(2) of the Illinois Revised Statutes, 1969. He was then sentenced to a minimum of two years and a maximum of ten years in the penitentiary.\nNowhere in the proceedings before the trial court in this case did the trial judge advise him of his right to a jury trial.\nOn June 2, 1969, the United States Supreme Court in Edward Boykin, Jr. v. State of Alabama, 395 U.S. 238, 23 L.E.2d 274, 89 S.Ct. 1709, held that reversible error, plain on the face of the record, occurred because the record in the trial court did not disclose that the defendant knowingly and understandingly entered his pleas of guilty. The Supreme Court at 23 L.Ed.2d at 279\u201480 said:\n\u201cSeveral federal constitutional rights are involved in a waiver that takes place when a plea of guilty is entered in a state criminal trial. First, is the privilege against compulsory self-incrimination guaranteed by the Fifth Amendment and applicable to the States by reason of the Fourteenth. [Case cited.] Second, is the right to trial by jury. [Case cited.] Third, is the right to confront one\u2019s accusers. [Case cited.] We cannot presume a waiver of these three important federal rights from a silent record.\nWhat is at stake for an accused facing death or imprisonment demands the utmost solicitude of which courts are capable in canvassing the matter with the accused to make sure he has a full understanding of what the plea connotes and of its consequence. When the judge discharges that function, he leaves a record adequate for any review that may be later sought [Citing cases.], and forestalls the spin-off of collateral proceedings that seek to probe murky memories.\u201d\nIn People v. Williams, 44 Ill.2d 334, 255 N.E.2d 385, the defendant claimed reversible error because the sentencing court\u2019s admonishment did not inform defendant of his right to a jury trial as required by Boykin. Our Supreme Court held that Boykin was inapplicable since Williams\u2019 plea of guilty was entered before June 2,1969.\nSince Garner\u2019s plea was entered after June 2, 1969, Boykin is applicable. We therefore reverse defendant\u2019s conviction and remand this case to the trial court with directions for the trial court to permit the defendant to withdraw his plea of guilty and plead anew.\nReversed and remanded with directions.",
        "type": "majority",
        "author": "PER CURIAM:"
      }
    ],
    "attorneys": [
      "D. D. Bigler, of Anna, for appellant.",
      "William A. Lewis, State\u2019s Attorney, of Jonesboro, (R. Corydon Finch, Assistant State\u2019s Attorney, of Anna, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Bernard E. Garner, Defendant-Appellant.\n(No. 70-16;\nFifth District\nFebruary 3, 1971.\nD. D. Bigler, of Anna, for appellant.\nWilliam A. Lewis, State\u2019s Attorney, of Jonesboro, (R. Corydon Finch, Assistant State\u2019s Attorney, of Anna, of counsel,) for the People."
  },
  "file_name": "0932-01",
  "first_page_order": 938,
  "last_page_order": 939
}