United States of America Ex Rel. Arthur Decar Ferris v. Fred L. Finkbeiner and State of Illinois

In May 1974 appellant Arthur Decar Ferris pled guilty to two counts of armed robbery in Illinois Circuit Court. The Illinois State’s Attorney had made a plea agree ment for a sentence of from five to ten years. The state court followed this recommendation and petitioner was sentenced to five to ten years imprisonment. Illinois law, Ill.Rev.Stat. Ch. 38, § 1005-8-3, requires a mandatory parole term of five years at the end of appellant’s term of imprisonment.

Appellant, being from California and unfamiliar with Illinois law and procedures, requested advice from the court immediately before…