People v. Doe

9 Citing cases

  1. People v. Ristau

    2016 IL App (1st) 180303 (Ill. App. Ct. 2020)

    This was not inherently improper, as the factual basis for a plea may be established off the record. People v. Doe, 6 Ill. App. 3d 799, 801 (1972). ยถ 25 However, as the appellant, defendant had the duty to provide this court with a record sufficient to review the issues on appeal. Foutch v. O'Bryant, 99 Ill. 2d 389, 391-92 (1984).

  2. People v. Sherrod

    2013 Ill. App. 111250 (Ill. App. Ct. 2013)

    We believe this is more than sufficient to show the trial court complied with Rule 402(c). See People v. Doe, 6 Ill. App. 3d 799, 801 (1972) (where the trial court stated that it was "satisfied from our [plea discussion] conference that there is certainly a factual basis for the plea of guilty with respect to this defendant," referred to facts of the case before imposing sentence, and suggested that the facts had been discussed at "great length," the trial court fully complied with Rule 402(c)). ยถ 14

  3. Alvis v. State

    740 So. 2d 459 (Ala. Crim. App. 1999)   Cited 4 times

    [T]he trial court had previously heard a factual basis for the crimes of aggravated battery and escape in another case involving defendants who were companions of the defendant in the instant case when the crimes were committed and who were arrested with the defendant. In People v. Doe, 6 Ill. App.3d 799, 286 N.E.2d 645, it was held by the reviewing court that the Supreme Court Rule providing that the trial court shall not enter final judgment on a plea of guilty without first determining a factual basis for the plea does not require that factual basis be set out in detail on the record. In Doe the trial court determined that there was a factual basis for the pleas of guilty to the charges of armed robbery, attempted rape, and attempted murder from a conference with the defendant.

  4. People v. Nettles

    338 N.E.2d 199 (Ill. App. Ct. 1975)   Cited 4 times

    Taking the factual basis for the plea in that manner was proper. ( People v. Pendleton (1974), 20 Ill. App.3d 802, 314 N.E.2d 470; People v. Doe (1972), 6 Ill. App.3d 799, 286 N.E.2d 645.) Further, where the party challenging the judgment fails to bring the entire record before the reviewing court, it will be presumed that the trial court heard sufficient evidence to support the judgment.

  5. People v. Robinson

    28 Ill. App. 3d 757 (Ill. App. Ct. 1975)   Cited 2 times
    In People v. Robinson, 28 Ill. App. 3d 757 (1975), the issue was whether there was substantial compliance with the requirement that the trial court personally inform the defendant of the nature of the offense with which the defendant has been charged when the trial court merely names the offense.

    ( People v. Reddick (1973), 11 Ill. App.3d 492, 297 N.E.2d 360.) In People v. Doe (1972), 6 Ill. App.3d 799, 286 N.E.2d 645, this court held that a factual basis for defendant's plea of guilty was found in the trial judge's statement that he was satisfied from the plea discussion conference that there was a factual basis for the plea of guilty. โ€ข 3 In the case at bar, the trial judge stated that he was satisfied from reading the State's grand jury minutes and his conversations with both sides during the plea negotiation conference that there was a factual basis for defendant's plea of guilty.

  6. People v. Ritchie

    323 N.E.2d 432 (Ill. App. Ct. 1975)   Cited 3 times
    In People v. Ritchie, 25 Ill. App.3d 875, 877-878, 323 N.E.2d 432, 433-434 (1975), the Appellate Court for the Third District of Illinois held that the factual basis for the guilty plea could be established through the trial judge's hearing of testimony in the trial of codefendants.

    We do not agree with this argument of the defendant, since the trial court had previously heard a factual basis for the crimes of aggravated battery and escape in another case involving defendants who were companions of the defendant in the instant case when the crimes were committed and who were arrested with the defendant. In People v. Doe, 6 Ill. App.3d 799, 286 N.E.2d 645, it was held by the reviewing court that the supreme court rule providing that the trial court shall not enter final judgment on a plea of guilty without first determining a factual basis for the plea does not require that factual basis be set out in detail on the record. In Doe the trial court determined that there was a factual basis for pleas of guilty to the charges of armed robbery, attempted rape and attempted murder from a conference with the defendant.

  7. People v. Nyberg

    24 Ill. App. 3d 41 (Ill. App. Ct. 1974)   Cited 5 times
    Holding that the quantum of proof necessary to sustain a factual basis for a guilty plea is less than that required to prove a defendant guilty beyond a reasonable doubt at trial

    Usually the judge will examine portions of the record, such as trial testimony, statements of defendant, stipulations of counsel, or presentence reports, in order to make a determination. Moreover, it has been held that if the judge explicitly states on the record that he is satisfied that a factual basis exists, based on his examination of certain sources, this is a sufficient determination, even though the record itself does not show the facts underlying his determination. ( People v. Doe, 6 Ill. App.3d 799, 286 N.E.2d 645.) After carefully and thoroughly reviewing the record in the instant case, we find it insufficient to sustain a guilty plea to any grade of homicide.

  8. People v. Reddick

    297 N.E.2d 360 (Ill. App. Ct. 1973)   Cited 3 times

    This court has held that the factual basis for the plea need not be set out in detail in the record. ( People v. Doe, 6 Ill. App.3d 799, 286 N.E.2d 645.) In Doe, the trial judge merely asserted that he had gone into the facts at great length and was satisfied there was a factual basis for the plea.

  9. People v. Price

    292 N.E.2d 752 (Ill. App. Ct. 1973)   Cited 2 times

    In connection with determining the factual basis for the guilty plea no particular type of inquiry is specified and it has been determined that the court may satisfy itself as to the existence of the factual basis by having a prosecutor state the facts in the presence of defendant, by inquiring of defendant, by having the facts stated by a knowledgeable witness, by examination of a pre-sentence report, or by any other means which seem appropriate for the particular case. (Committee Comments on Rule 402(c), Ill. Rev. Stats. Anno., ch. 110A, ยง 402(c); People v. Dugan, 4 Ill. App.3d 45, 280 N.E.2d 239; People v. Doe, 6 Ill. App.3d 799, 286 N.E.2d 645.) As pointed out in the People v. Doe case, the rule does not require that the court set out the factual basis in detail in the record.