People v. Kraus

Defendant, Martin Kraus, appeals from the denial of his motion to withdraw his guilty plea, which was entered on the charge of murder (111. Rev. Stat. 1981, ch. 38, par. 9 — 1(a)(2)) in the circuit court of Lee County. On appeal, he claims (1) that his guilty plea was the product of a misapprehension of the applicability of the death penalty in this case and that such misapprehension requires the vacatur of his guilty plea; and (2) that defendant’s expressed desire to receive the death penalty raised a bona fide doubt of his fitness entitling him to a hearing on the question.

The issues raised…