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PEOPLE v. McCARTY

Nos. 55923, 55971 cons.

94 Ill.2d 28 (1983)

445 N.E.2d 298

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant and Appellee, v. LARRY McCARTY, Appellee and Appellant.

Supreme Court of Illinois.

Opinion filed January 24, 1983.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and L. Patrick Power, State's Attorney, of Kankakee (John X. Breslin and Gerry R. Arnold, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Peter A. Carusona, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for Larry McCarty.

Appellate court affirmed in part and reversed in part; circuit court reversed.

JUSTICE SIMON delivered the opinion of the court:

This is a consolidated appeal from a decision of the appellate court reversing the revocation of defendant Larry McCarty's probation by the circuit court of Kankakee County.

In December 1978 defendant was charged with felony theft and tampering with a motor vehicle in connection...

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