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PEOPLE v. ELLIS

No. 76-131.

48 Ill. App.3d 221 (1977)

363 N.E.2d 33

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DeCARLO ELLIS, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed April 22, 1977.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Diane M. Burick and Judith A. Stewart, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Larry L. Thompson, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed, sentence vacated and cause remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Defendant appeals from an order revoking his probation and sentencing him to a term of three to nine years. He contends (1) the State failed to prove that he violated his probation, and (2) the court erred when it sentenced him without knowing the facts surrounding the commission of his original offense.

On November 23, 1973, Judge Pavlik...

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