People v. Wright

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Wright, charged with armed robbery with a firearm (720 ILCS 5/18-2(a)(2)), refused to agree to continuances so his public defender withdrew. Before being allowed to represent himself, Wright was admonished by the court (Illinois Supreme Court Rule 401(a)) that he was charged in two different cases and could possibly be sentenced to consecutive sentences of 21-45 years in prison for each conviction. After the state informed the court that he was eligible for a maximum sentence of 60 years because of his criminal background, the court admonished Wright accordingly. Wright reiterated that he wanted to proceed pro se. The court later admonished him again that he faced concurrent sentences of 21-60 years. The court allowed Wright to proceed pro se. Wright was convicted. At sentencing, the state indicated that Wright was eligible for a maximum sentence of 75 years but sought the imposition of a 60-year sentence. The court imposed a 50-year sentence. The appellate court reversed based upon this incorrect admonishment. The Illinois Supreme Court reinstated the trial court decision. Despite its incorrect statement of the maximum potential sentence, the court substantially complied with Rule 401(a). Wright made a voluntary, knowing, and intelligent waiver of counsel. The court also rejected arguments that deceptive evidence was presented to the grand jury; that the evidence concerning the gun was insufficient; that the court erred in excluding the hearsay statement of Wright’s codefendant about a BB gun; and concerning jury instructions defining “firearm.” View "People v. Wright" on Justia Law