PEOPLE v. MARTIN

No. 4-91-0432.

589 N.E.2d 815 (1992)

226 Ill. App.3d 753

168 Ill.Dec. 415

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Gary Don MARTIN, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

February 28, 1992.


Attorney(s) appearing for the Case

Craig H. DeArmond, State's Atty., Danville, Kenneth R. Boyle, Director, State's Attorneys Appellate Prosecutor, Robert J. Biderman, Deputy Director, James Majors, Staff Atty., Springfield, for plaintiff-appellant.

Robert E. McIntire, Public Defender of Vermilion County, Jeffrey N. Aldag, Asst. Public Defender, Danville, for defendant-appellee.


Justice STEIGMANN delivered the opinion of the court:

This appeal presents the issue of whether the State may call a defendant to testify at a probation revocation hearing to elicit testimony which would show that defendant had violated conditions of his probation but which would not incriminate him in any other proceedings. We hold that the State may do so.

I. FACTS

In January 1989, defendant, Gary Martin, pleaded guilty to driving while under the...

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