Legal Opinion · Concurring in part, dissenting in part

People v. Robinson

Appellate Court of Illinois

Decided May 6, 1975No. 59196Published

1Concurring in part, dissenting in partJustice Leighton

It is axiomatic that when a defendant is charged and tried, but not convicted or sentenced, we do not have jurisdiction of that part of his case which was undisposed in the trial court. (People v. Hougas, 91 Ill. App.2d 246, 234 N.E.2d 63; 151.L.P. Criminal Law § 843 (1968).) Therefore, I agree that we cannot, as defendant requests, dismiss the three counts of the indictment to which he did not plead, on which he was not found guilty, and for which he was not sentenced. People v. Randall, 25 Ill.2d 431, 185 N.E.2d 146.

However, I do not agree with the resolution my brethren in the majority…

2Cases cited17 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Pointer v. TexasSupreme Court of the United States · 1965
  3. Duncan v. LouisianaSupreme Court of the United States · 1968
  4. Malloy v. HoganSupreme Court of the United States · 1964
  5. Douglas v. AlabamaSupreme Court of the United States · 1965

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