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PEOPLE v. OTTEN

No. 4-91-0726.

591 N.E.2d 907 (1992)

228 Ill. App.3d 305

169 Ill.Dec. 403

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kyle Dean OTTEN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied June 1, 1992.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Lawrence J. Essig, Asst. Defender, Kyle Dean Otten, East Moline, for defendant-appellant.

Scott H. Walden, State's Atty., Quincy, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, for plaintiff-appellee.

Justice STEIGMANN delivered the opinion of the court:

The trial court revoked the burglary probation of defendant, Kyle Dean Otten, and sentenced him to four years in prison. The court also ordered defendant to pay restitution. Prior to defendant's sentencing hearing, the court found him in contempt and sentenced him to 30 days in jail. Defendant appeals his sentence, arguing that (1) the trial court erred in not giving him credit against the four-year sentence for...

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