PEOPLE EX REL. CAREY v. ROSIN

No. 51374.

75 Ill.2d 151 (1979)

387 N.E.2d 692

THE PEOPLE ex rel. BERNARD CAREY, State's Attorney, Petitioner, v. ALLEN ROSIN, Judge, et al., Respondents.

Supreme Court of Illinois.

Opinion filed March 20, 1979.


Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Francis X. Speh, Jr., and Lee T. Hettinger, Assistant State's Attorneys, of counsel), for the People.

Birnbaum & Birnbaum, of Chicago (Steven M. Levin, of counsel), for respondent.


Writ awarded.

MR. JUSTICE CLARK delivered the opinion of the court:

This case involves the power of the circuit court to reduce or modify a misdemeanant's sentence of imprisonment in a proceeding begun more than 30 days from the date on which that sentence originally was pronounced and entered of record, where, in the interim, execution of that sentence had been stayed pending appeal. We hold that the circuit court was without power to reduce or modify its...

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