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PEOPLE v. BIRT

No. 4-94-0448.

655 N.E.2d 321 (1995)

274 Ill.App.3d 805

211 Ill.Dec. 418

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rex BIRT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 15, 1995.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Dfr., Springfield, Lawrence J. Essig, Asst. Defender, Office of State Appellate Defender, Springfield, for Rex Birt.

Michael D. Clary, State's Attorney, Danville, Norbert J. Goetten, Director, State's Attorneys Appellate Prosecutor, Springfield, Robert J. Biderman, Dep. Dir., Springfield, Jeffrey K. Davison, Staff Atty., State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In November 1993, defendant, Rex Birt, pleaded guilty to aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(1) (West 1992)) pursuant to an agreement with the State that the trial court would sentence him to three years' probation, subject to various conditions. The court later imposed the recommended sentence.

In February 1994, the State filed a motion to amend the terms of defendant's probation by adding...

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