{
  "id": 2611021,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Kenneth Edwards, Defendant-Appellant",
  "name_abbreviation": "People v. Edwards",
  "decision_date": "1974-01-23",
  "docket_number": "No. 72-291",
  "first_page": "379",
  "last_page": "381",
  "citations": [
    {
      "type": "official",
      "cite": "18 Ill. App. 3d 379"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 232,
    "char_count": 3279,
    "ocr_confidence": 0.787,
    "pagerank": {
      "raw": 1.6589929332194732e-07,
      "percentile": 0.6939698028726772
    },
    "sha256": "984552c6ae38b0d625ed6c71848b228536e079701d570140d9da4dadf7b6efac",
    "simhash": "1:3e653d8e40b69bce",
    "word_count": 543
  },
  "last_updated": "2023-07-14T18:19:57.388760+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. Kenneth Edwards, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE CREBS\ndelivered the opinion of the cou\u00a3t:\nOn a negotiated plea of guilty in the Circuit Court of Madison County defendant was convicted of burglary and sentenced to the penitentiary for a term of not less than two nor more than four years. His sole contention on appeal is that his minimum sentence was excessive.\nBurglary is a Class 2 felony and under the Unified Code of Corrections (Ill. Rev. Stat. 1973, ch. 38, sec. 1005\u20148\u20141(c) (3)), which is applicable here, it is provided:\n\u201c* * * (3) for a Class 2 felony, the minimum term shall be 1 year unless the court, having regard to the nature and circumstances of the offense and the history and character of defendant, sets a higher minimum term, which shall not be greater than one-third of the maximum term set in that case by the court.\u201d\nDefendant contends that in compliance with .the Code his minimum sentence should be reduced to one year, or, in the alternative, his sentence should be vacated and the cause remanded for resentencing after a presentence investigation. He argues that his minimum sentence cannot be set at more than one year without a specific finding that \"the nature and circumstances of the offense and the. history and character of defendant\u201d justifies a higher minimum. As a further alternative, defendant requests that in any event his minimum sentence should be reduced to one year and four months, which is one-third the maximum. The State joins in defendant\u2019s latter request, but opposes his first two alternatives.\nDefendant has not cited any authority, nor have we found any, requiring justification for a sentence imposed in compliance with previous plea negotiations. Here, prior to acceptance of defendant\u2019s plea, he was fully admonished as to his rights and he concurred in the State\u2019s recommended sentence of two to four years. Further, there is no contention that he did not specifically and understandingly waive his right to a probation hearing and his right to a hearing in mitigation. In effect, he voluntarily accepted a minimum sentence of two years and thereby recognized and admitted that such sentence was fair and justified in the light of the nature of his offense and his own history and character. Under such circumstances we find no reason for an investigation and specific finding on these matters to justify a minimum sentence of one year and four months when it has already been agreed and accepted by defendant that his conduct warranted an even higher minimum of two years.\nAccordingly, defendant\u2019s sentence is hereby modified to a minimum of one year and four months and a maximum of four years, thereby complying with the Code providing that a minimum sentence shall not exceed one-third of the maximum.\nThe judgment of the Circuit Court of Madison County is affirmed as modified.\nAffirmed as modified.\nG. MORAN, P. J., and EBERSPACHER, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE CREBS"
      }
    ],
    "attorneys": [
      "Robert E. Farrell, Deputy Defender, of Mt. Vernon, for appellant.",
      "Nicholas G. Byron, State\u2019s Attorney, of Edwardsville (James W. Jerz and Edward N. Morris, of Model District State\u2019s Attorneys Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Kenneth Edwards, Defendant-Appellant.\n(No. 72-291;\nFifth District\nJanuary 23, 1974.\nRehearing denied April 18, 1974.\nRobert E. Farrell, Deputy Defender, of Mt. Vernon, for appellant.\nNicholas G. Byron, State\u2019s Attorney, of Edwardsville (James W. Jerz and Edward N. Morris, of Model District State\u2019s Attorneys Office, of counsel), for the People."
  },
  "file_name": "0379-01",
  "first_page_order": 399,
  "last_page_order": 401
}