PEOPLE v. SMITHSON

No. 77-1404.

65 Ill. App.3d 564 (1978)

382 N.E.2d 536

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID SMITHSON, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied November 9, 1978.


Attorney(s) appearing for the Case

Ralph Ruebner and Susan McElroy, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger and Bryan B. Lavine, Assistant State's Attorneys, of counsel), for the People.


Judgment affirmed.

Mr. JUSTICE ROMITI delivered the opinion of the court:

On May 27, 1975, the defendant, David Smithson, was sentenced to two concurrent 5-year probationary terms, following his plea of guilty to two counts of burglary. (Ill. Rev. Stat. 1975, ch. 38, par. 19-1.) As a condition of his probation, defendant was to serve the first four months of the sentence in the Cook County Jail, considered served as actually having been served. On March 5...

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