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PEOPLE v. DAVIS

No. 4-00-0322.

800 N.E.2d 539 (2003)

344 Ill. App.3d 400

279 Ill.Dec. 471

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Eugene D. DAVIS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied December 15, 2003.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Martin J. Ryan, Assistant Defender, Office of the State Appellate Defender, Springfield, for Eugene Davis.

Frank Young, State's Attorney, Danville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Perry L. Miller, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

This case requires this court, in part, to determine whether allegedly improper probationary conditions may be challenged as void years later in an appeal from the revocation of a defendant's probation. On the facts of this case, we hold they may not.

I. PROCEDURAL HISTORY

In September 1996, defendant, Eugene D. Davis, pleaded guilty in case No. 96-CF-198 to delivery of a controlled substance...

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