People v. Congleton

ON REHEARING

Mr. PRESIDING JUSTICE CRAVEN

delivered the opinion of the court:

The defendant was convicted of voluntary manslaughter upon his plea of guilty. Pursuant to a negotiated plea, a sentence of 18-20 years was imposed. In this direct appeal, the defendant asserts there was no factual basis for the plea and that the sentence imposed was excessive.

The defendant was indicted for murder on February 8, 1971. At a hearing on October 21, 1971, the defendant entered a plea to two counts of voluntary manslaughter. Before accepting the plea, the court asked the State’s Attorney whether there was a…