Legal Opinion

People v. Dugan

Appellate Court of Illinois

Decided February 24, 1972No. 70-184PublishedCited by 9 opinions

1Per curiam

The appellant entered a negotiated plea of guilty to voluntary manslaughter on November 12, 1970. The question presented is whether the failure of the trial court to determine whether there was a factual basis for the plea of guilty, as required by Supreme Court Rule 402(c), requires reversal. There is nothing in the record to indicate that the trial judge made any inquiry or determination that there was a factual basis.

Rule 402 calls for substantial compliance with the requirement for a factual basis. This could be accomplished by having the defendant state what he did, having the State’s…

2Cases cited4 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. United States v. James CodyCourt of Appeals for the Eighth Circuit · 1971
  3. United States v. Benjamin I. NicholsCourt of Appeals for the D.C. Circuit · 1971
  4. People v. RockwellAppellate Court of Illinois · 1971

3Cited by9 opinions

  1. People v. HudsonAppellate Court of Illinois · 1972
  2. State v. ForsythUtah Supreme Court · 1977
  3. People v. KinsleyAppellate Court of Illinois · 1973
  4. People v. RollinsAppellate Court of Illinois · 1973
  5. People v. HoltAppellate Court of Illinois · 1975

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