People v. Ellis

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Pursuant to a plea agreement, Robert Lee Ellis pleaded guilty to a charge of armed robbery and was sentenced to 5-15 years imprisonment. He moved to vacate his plea and appeals from the denial of his motion. He contends that the court erred in hearing the motion without returning him from the penitentiary so that he could be present; and, further, that he did not understand that a prior offense, dismissed as a part of the plea agreement, could be considered in determining his sentence.

Defendant’s claim that he had an absolute…