PEOPLE EX REL. DALEY v. SURIA

No. 62355.

112 Ill.2d 26 (1986)

490 N.E.2d 1288

THE PEOPLE ex rel. RICHARD M. DALEY, State's Attorney, Petitioner, v. FRED G. SURIA, JR., Judge, et al., Respondents.

Supreme Court of Illinois.

Opinion filed March 19, 1986.


Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, Thomas V. Gainer, Jr., and Christopher J. Cummings, Assistant State's Attorneys, of counsel), for the People.

Thomas F. Geraghty, of Chicago, for respondent Fred G. Suria.


Supervisory order entered.

JUSTICE SIMON delivered the opinion of the court:

Does a circuit judge have authority to find a defendant guilty of a lesser included offense of the one for which the defendant was indicted when the defendant enters a guilty plea only to the greater offense? The State challenges such action by the trial judge, Fred G. Suria, a judge of the circuit court of Cook County, in the cases which are the subject of this proceeding.

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