People v. Burton

Appellate Court of Illinois

People v. Burton

303 N.E.2d 16, 14 Ill. App. 3d 1096, 1973 Ill. App. LEXIS 1969

CourtAppellate Court of Illinois

DecidedOctober 24, 1973

Docket12038

StatusPublished

Cited by7 cases

This text of 303 N.E.2d 16 (People v. Burton) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Burton, 303 N.E.2d 16, 14 Ill. App. 3d 1096, 1973 Ill. App. LEXIS 1969 (Ill. Ct. App. 1973).

Pincite

Opinion

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of the court:

This is an appeal from an order of the circuit court of Vermilion County revolting the defendant’s probation for burglary and imposing a sentence of IV2 to 5 years in the penitentiary. The only relief requested in this court is an order that the defendant be credited with the time successfully completed on probation as required by section 5 — 6—4 of the Unified Code of Corrections (Ill. Rev. Stat., 1972 Supp., ch. 38, par. 1005 — 6—4)), effective January 1, 1973. Notice of appeal was filed on October 13, 1972. Accordingly, this case was on direct appeal and not finally adjudicated on January 1, 1973, and the sentence provisions of the Unified Code of Corrections are therefore applicable. People v. Chupich, 53 Ill.2d 572, 295 N.E.2d 1; People v. Harney, 53 Ill.2d 583, 294 N.E.2d 263.

Section 117 — 3 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1971, ch. 38, par. 117 — 3(a)) and section 5 — 6—4 of the Unified Code of Corrections (Ill. Rev. Stat, 1972 Supp., ch. 38, par. 1005 — 6—4(a)) provide that the issuance of an arrest warrant tolls the running of a probation period. Accordingly, the defendant is entitled to credit on his sentence for the time he was on probation — computed from the date he was placed on probation to the date that a bench warrant issued for his arrest.

Accordingly, this cause is remanded to that court with directions to issue an amended mittimus reflecting credit for the time served on probation. See our People v. Johnson, 13 Ill.App.3d 1020, and our People n. Murray, 13 Ill.App.3d 987.

Cause remanded with directions.

TRAPP and SIMKINS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of the court:

This is an appeal from an order of the circuit court of Vermilion County revolting the defendant’s probation for burglary and imposing a sentence of IV2 to 5 years in the penitentiary. The only relief requested in this court is an order that the defendant be credited with the time successfully completed on probation as required by section 5 — 6—4 of the Unified Code of Corrections (Ill. Rev. Stat., 1972 Supp., ch. 38, par. 1005 — 6—4)), effective January 1, 1973. Notice of appeal was filed on October 13, 1972. Accordingly, this case was on direct appeal and not finally adjudicated on January 1, 1973, and the sentence provisions of the Unified Code of Corrections are therefore applicable. People v. Chupich, 53 Ill.2d 572, 295 N.E.2d 1; People v. Harney, 53 Ill.2d 583, 294 N.E.2d 263.

Section 117 — 3 of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1971, ch. 38, par. 117 — 3(a)) and section 5 — 6—4 of the Unified Code of Corrections (Ill. Rev. Stat, 1972 Supp., ch. 38, par. 1005 — 6—4(a)) provide that the issuance of an arrest warrant tolls the running of a probation period. Accordingly, the defendant is entitled to credit on his sentence for the time he was on probation — computed from the date he was placed on probation to the date that a bench warrant issued for his arrest.

Accordingly, this cause is remanded to that court with directions to issue an amended mittimus reflecting credit for the time served on probation. See our People v. Johnson, 13 Ill.App.3d 1020, and our People n. Murray, 13 Ill.App.3d 987.

Cause remanded with directions.

TRAPP and SIMKINS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

303 N.E.2d 16, 14 Ill. App. 3d 1096, 1973 Ill. App. LEXIS 1969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burton-illappct-1973.

Opinion

Related

Cite This Page — Counsel Stack