People v. Hrebenar

Mr. PRESIDING JUSTICE ALLOY

delivered the opinion of the court:

Defendant Lawrence M. Hrebenar was indicted for aggravated battery under terms of ch. 38 of Illinois Revised Statutes, par. 12-4(a). Defendant pleaded guilty to the charge and then was sentenced to a term in the penitentiary of from three to five years. The issue before the Court arises from the circumstance that at the time of the plea of guilty, defendant was advised that the maximum penalty for the offense was five years when in fact the maximum penalty for the offense was specified in the Act as ten years.

The aggravated battery…