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PEOPLE v. NELSON

No. 15436.

84 Ill. App.3d 1123 (1980)

406 N.E.2d 167

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DARRYL NELSON, a/k/a Sylvester Lee, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed June 2, 1980.

Attorney(s) appearing for the Case

Richard J. Wilson and Donald R. McDougall, both of State Appellate Defender's Office, of Springfield, for appellant.

Ronald C. Dozier, State's Attorney, of Bloomington (Marc D. Towler and Larry Wechter, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part, and reversed in part and sentence vacated.

Mr. JUSTICE TRAPP delivered the opinion of the court:

On December 29, 1975, defendant was placed on probation for a term of 3 years following his plea of guilty to theft. (Ill. Rev. Stat. 1973, ch. 38, par. 16-1.) A condition of the probation was that defendant make restitution of a stated amount and pay costs.

On August 4, 1978, a petition to revoke probation alleged (1) that defendant failed...

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