PEOPLE v. ROBY

No. 5-04-0165.

826 N.E.2d 1259 (2005)

356 Ill. App.3d 567

292 Ill.Dec. 823

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Alfred ROBY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted March 17, 2005.

Opinion Filed March 17, 2005.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Edwin J. Anderson, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, IL, for Appellant.

Henry Bergmann, State's Attorney, Carlyle, IL; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellee.


Justice KUEHN delivered the opinion of the court:

Alfred Roby, the defendant, appeals from the denial by the circuit court of Clinton County of his motion to withdraw his negotiated plea of guilty to aggravated battery. He asserts that the trial court committed reversible error when it conducted a hearing on his motion to withdraw his plea, because the defendant was mentally unfit at the time of the hearing on the motion. He seeks the reversal of the trial court's...

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