People v. Story

Appellate Court of Illinois

People v. Story

303 N.E.2d 504, 15 Ill. App. 3d 94, 1973 Ill. App. LEXIS 1611

CourtAppellate Court of Illinois

DecidedOctober 12, 1973

DocketNo. 72-192

StatusPublished

Cited by4 cases

This text of 303 N.E.2d 504 (People v. Story) 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.

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People v. Story, 303 N.E.2d 504, 15 Ill. App. 3d 94, 1973 Ill. App. LEXIS 1611 (Ill. Ct. App. 1973).

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Opinion

Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

The defendant pled guilty to an indictment charging theft by deception in violation of Chapter 38, paragraph 16 — 1(b), Illinois Revised Statutes. At that time the State’s Attorney promised not to oppose the defendant’s application for probation. During the probation hearing, one of the State’s Attorneys actively opposed probation despite the previous promise to stand mute on this issue. This was error. People v. Riggs, 4 Ill.App.3d 48, 280 N.E.2d 242; People v. Mitchell, 46 Ill.2d 133, 262 N.E. 2d 915.

The judgment of the Circuit Court of St. Clair County is reversed and this case is remanded to allow the defendant to plead anew.

Reversed and remanded.

EBERSPACHER, P. J., and CREBS, J., concur.

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Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

The defendant pled guilty to an indictment charging theft by deception in violation of Chapter 38, paragraph 16 — 1(b), Illinois Revised Statutes. At that time the State’s Attorney promised not to oppose the defendant’s application for probation. During the probation hearing, one of the State’s Attorneys actively opposed probation despite the previous promise to stand mute on this issue. This was error. People v. Riggs, 4 Ill.App.3d 48, 280 N.E.2d 242; People v. Mitchell, 46 Ill.2d 133, 262 N.E. 2d 915.

The judgment of the Circuit Court of St. Clair County is reversed and this case is remanded to allow the defendant to plead anew.

Reversed and remanded.

EBERSPACHER, P. J., and CREBS, J., concur.

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Bluebook (online)

303 N.E.2d 504, 15 Ill. App. 3d 94, 1973 Ill. App. LEXIS 1611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-story-illappct-1973.

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