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PEOPLE v. JOY

No. 75-507.

44 Ill. App.3d 349 (1976)

358 N.E.2d 101

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. VERNON JOY, Defendant-Appellant.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed December 6, 1976.

Attorney(s) appearing for the Case

Ralph Ruebner and Mark Schuster, both of State Appellate Defender's Office, of Elgin, for appellant.

Gerry L. Dondanville, State's Attorney, of Geneva (Phyllis J. Perko, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

Defendant was indicted for burglary and theft of property of a value in excess of $150. He waived trial by jury and was found guilty by the court of the lesser includable offense of theft of property of a value of less than $150. His motion for a new trial was denied and he was sentenced to probation for a term of 24 months with the first 90 days of said term to be spent in the...

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