People v. Whitehead

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

The defendant-appellant, Larry E. Whitehead, pled guilty to the offense of burglary on November 6,1973. At a later proceeding, on February 11, 1974, the defendant was allowed to withdraw his plea of guilty because a factual basis had not been presented to the court in the earlier proceeding. A factual basis was set forth in the record and the court again accepted the defendant’s negotiated plea. As agreed, the State again recommended a sentence of from 1 to 3 years’ imprisonment.

At a presentence hearing on February 25, 1974, the…