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PEOPLE v. DI COSTANZO

No. 84-0180.

133 Ill. App.3d 768 (1985)

479 N.E.2d 433

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SALVATORE DI COSTANZO, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed June 5, 1985.

Attorney(s) appearing for the Case

Fawell & Marutzky, of Oak Brook, and Jeffrey B. Fawell, of Wheaton, for appellant.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of Elgin, and Robert J. Biderman and Gwendolyn W. Klingler, both of State's Attorneys Appellate Service Commission, of Springfield, of counsel), for the People.

Reversed and remanded.

JUSTICE SCHNAKE delivered the opinion of the court:

The defendant, Salvatore Di Costanzo, was placed on concurrent one-year terms of probation for battery (Ill. Rev. Stat. 1983, ch. 38, par. 12-3(a)(1)) and criminal damage to property not exceeding $300 (Ill. Rev. Stat. 1983, ch. 38, par. 21-1(a)). One of the conditions of each sentence of probation was that he serve the final 60 days of the year in jail. Prior to the commencement of...

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