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PEOPLE v. McDANIEL

No. 72-72.

8 Ill. App.3d 45 (1972)

288 N.E.2d 651

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WADE McDANIEL, Defendant-Appellant.

Appellate Court of Illinois — Second District.

October 26, 1972.

Attorney(s) appearing for the Case

Frank Wesolowski, Jr., Public Defender, of Wheaton, (Robert H. Heise, Deputy Public Defender, of counsel,) for appellant.

William V. Hopf, State's Attorney, of Wheaton, (Malcolm F. Smith, Assistant State's Attorney, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

The defendant pleaded guilty to theft over $150, there having been a plea bargain whereby the State would recommend probation providing the Probation Department recommended it. The Probation Department did not recommend probation and defendant's application therefor was denied. He was sentenced to one to four years in the penitentiary.

The only question presented is whether...

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