{
  "id": 3098968,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TIMOTHY A. GOLD, Defendant-Appellant",
  "name_abbreviation": "People v. Gold",
  "decision_date": "1981-09-02",
  "docket_number": "No. 81-12",
  "first_page": "468",
  "last_page": "469",
  "citations": [
    {
      "type": "official",
      "cite": "99 Ill. App. 3d 468"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "96 Ill. App. 3d 419",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        12134079
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/96/0419-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.924,
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    "sha256": "996ab86faebca9460de02ae7f2591f73e6181c12c286155644de107ac51151fc",
    "simhash": "1:380035beaa0ec394",
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  "last_updated": "2023-07-14T18:40:52.281879+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. TIMOTHY A. GOLD, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE HEIPLE\ndelivered the opinion of the court:\nDefendant, who entered a blind plea on a charge of operating a motor vehicle with a revoked driver\u2019s license, was sentenced to a six-month term of imprisonment following a sentencing hearing. He appeals and raises a single issue. He claims ineffective assistance of counsel because counsel neglected to have the sentencing hearing transcribed. We affirm.\nThe offense in question is a misdemeanor. (Ill. Rev. Stat. 1979, ch. 95\u00bd, par. 6 \u2014 303(a).) There is neither statutory nor case law requirement for the transcription of a sentencing hearing in a misdemeanor case.\nMoreover, in this case, an adequate agreed statement of facts was filed by the parties. The agreed statement indicates the matters presented at the sentencing hearing by way of mitigation and aggravation. The record is sufficient in this case to review the sentencing proceedings. The method provided by our supreme court for perfecting a record on appeal in the absence of a transcript is, while not perfect, acceptable. Ill. Rev. Stat. 1979, ch. 110A, par. 323(c), (d); e.g., People v. David (1981), 96 Ill. App. 3d 419.\nIn order to justify a reversal of a conviction of the grounds of ineffective assistance of counsel in this case, defendant would have to demonstrate two points. First, that counsel neglected to do something that counsel should have done. And second, that the defendant was thereby prejudiced. Defendant\u2019s argument fails on both counts. There is no legal requirement that the sentencing hearing be transcribed. And, the defendant has demonstrated no prejudice by the lack of transcription.\nFor the reasons stated, the order of the Circuit Court of Tazewell County, denying the defendant\u2019s motion to vacate his guilty plea, is hereby affirmed.\nSCOTT, P. J., and BARRY, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE HEIPLE"
      }
    ],
    "attorneys": [
      "Robert Agostinelli and G. Joseph Weller, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "Bruce W. Black, State\u2019s Attorney, of Pekin (John X. Breslin and Rita F. Kennedy, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TIMOTHY A. GOLD, Defendant-Appellant.\nThird District\nNo. 81-12\nOpinion filed September 2, 1981.\nRehearing denied September 28, 1981.\nRobert Agostinelli and G. Joseph Weller, both of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nBruce W. Black, State\u2019s Attorney, of Pekin (John X. Breslin and Rita F. Kennedy, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People."
  },
  "file_name": "0468-01",
  "first_page_order": 490,
  "last_page_order": 491
}