{
  "id": 2512328,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Narcisco Cruz (Impleaded), Defendant-Appellant",
  "name_abbreviation": "People v. Cruz",
  "decision_date": "1974-01-29",
  "docket_number": "No. 58852",
  "first_page": "441",
  "last_page": "442",
  "citations": [
    {
      "type": "official",
      "cite": "17 Ill. App. 3d 441"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "305 N.E.2d 714",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "16 Ill.App.3d 100",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2520369
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/16/0100-01"
      ]
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  "last_updated": "2023-07-14T21:35:57.081722+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Narcisco Cruz (Impleaded), Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PER CURIAM:\nNarcisco Cruz, defendant, was originally charged by indictment with the crime of armed robbery in violation of section 18 \u2014 2 of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 18 \u2014 2). Defendant entered a plea of not guilty and waived his right to a trial by jury. Evidence was then introduced through a stipulation of the parties, after which defendant was found guilty of the offense of robbery and sentenced to a term of one to three years.\nDefendant\u2019s only argument on appeal is that the trial court erred in failing to admonish him under Supreme Court Rule 402 since the stipulated bench trial was tantamount to a plea of guilty. Since this is defendant\u2019s only argument on appeal, a detailed recitation of the facts is unnecessary.\nIn People v. Smith, 16 Ill.App.3d 100, 305 N.E.2d 714, the defendant was convicted of armed robbery. Defendant had entered a plea of not guilty and had waived his right to a trial by jury. Thereafter, certain evidence was introduced by way of stipulation. Defendant presented no evidence in his own behalf. Defendant was then found guilty of armed robbery. On appeal, defendant argued that the trial court proceedings in effect constituted a plea of guilty and were invalid because the trial court failed to admonish him pursuant to Supreme Court Rule 402. After reviewing the record, this court rejected defendant\u2019s contentions, stating:\n\u201cIt is evident from a review of the foregoing proceedings that defendant did not plead to armed robbery, but rather received a bench trial.\u201d\nSimilarly in the case at bar, defendant, while represented by privately retained counsel, entered a plea of not guilty and waived his right to a trial by jury. Thereafter, evidence was introduced through a stipulation of the parties. Defendant was then found guilty, not of the initial charge of armed robbery, but of the lesser included offense of robbery. Under these circumstances, it is evident that defendant did not plead guilty, but rather received a bench trial. The trial judge was therefore not required to admonish the defendant pursuant to Supreme Court Rule 402.\nFor the foregoing reasons, the judgment of the circuit court of Cook County is affirmed.\nJudgment affirmed.\nSTAMOS, J., took no part in the consideration or decision of this case.",
        "type": "majority",
        "author": "PER CURIAM:"
      }
    ],
    "attorneys": [
      "Paul Bradley, Deputy Defender, of Chicago (Edwin R. McCullough, Assistant Appellant Defender, of counsel), for appellant.",
      "Bernard Carey, State\u2019s Attorney, of Chicago (Kenneth L. Gillis and John M. Cutrone, Assistant State\u2019s Attorneys, of counsel), for the People,"
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Narcisco Cruz (Impleaded), Defendant-Appellant.\n(No. 58852;\nFirst District (2nd Division)\nJanuary 29, 1974.\nSTAMOS, J/, took no part.\nPaul Bradley, Deputy Defender, of Chicago (Edwin R. McCullough, Assistant Appellant Defender, of counsel), for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Kenneth L. Gillis and John M. Cutrone, Assistant State\u2019s Attorneys, of counsel), for the People,"
  },
  "file_name": "0441-01",
  "first_page_order": 463,
  "last_page_order": 464
}