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PEOPLE v. STORY

No. 72-192.

15 Ill. App.3d 94 (1973)

303 N.E.2d 504

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EARL STORY, a/k/a P. HOFER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

October 12, 1973.

Attorney(s) appearing for the Case

Robert E. Farrell, Deputy Defender, of Mt. Vernon, (Jerry Crisel, Senior Law Student, of counsel,) for appellant.

Robert H. Rice, State's Attorney, of Belleville, (James A. Rapp, Senior Law Student, of counsel,) for the People.

Reversed and remanded.

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

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