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People v. Sivels

14 Ill. App. 3d 453 (Ill. App. Ct. 1973)
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People v. Sivels

1 Citing case

  1. People v. Sivels

    60 Ill. 2d 102 (Ill. 1975)   Cited 37 times
    In People v. Sivels (1975), 60 Ill.2d 102, 104-05, 324 N.E.2d 422, our supreme court indicated dispositional concessions may be made to a defendant who pleads guilty, and quoted from the A.B.A. Project on Minimum Standards for Criminal Justice (Standards Relating to Pleas of Guilty sec. 1.8 (1968)), which provides that dispositional concessions may be made by a court to a defendant who pleads guilty and enumerates various considerations which are appropriate.

    Following a bench trial in the circuit court of Cook County, Lawrence Sivels was convicted of voluntary manslaughter and aggravated battery (Ill. Rev. Stat. 1971, ch. 38, pars. 8-4, 12-4) and was sentenced on each count to concurrent sentences of 1 1/2 to 4 1/2 years. The appellate court affirmed ( 14 Ill. App.3d 453), and we granted leave to appeal. The testimony at trial showed that on May 29, 1971, after an evening of quarreling and drinking, the defendant shot and killed his wife and wounded a friend who lived with them. During trial the defendant moved for a mistrial and, in support of the motion, testified that the prosecutor had said to him during a recess, when his attorney was not present, that the "whole thing could have been over" if the defendant had taken a bench trial, and that the judge probably would have sentenced him to a term of probation with a work-release provision.