Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STEVEN E. DAVIS, Defendant-Appellant.

Mr. JUSTICE STOUDER delivered the opinion of the court:

Defendant, Steven E. Davis, was placed on probation for two years upon the condition that he spend 60 days in the Warren County Jail during the summer of 1973 during school vacation.

On appeal in this court defendant requests that this court modify the sentence by eliminating the jail sentence as a part of the probation sentence.

• 1 In accord with People v. Rhinehart (1973), 11 Ill. App.3d 859, and People v. Adkisson, post, p. 1015, applying the new Corrections Act (Ill. Rev. Stat. 1971, ch. 38, sec. 1005-6-3(b)(1) * * * (d)), it is our conclusion the jail sentence prescribed as a condition of probation is inappropriate.

• 2 We find that it is proper that the judgment be modified to eliminate the 60 day period of incarceration so as to constitute a sentence solely of probation for a period of two years. The sentence is accordingly modified to probation only for a period of two years.

The judgment of conviction and the sentence as modified are affirmed.

Affirmed as modified.

ALLOY, P.J., and DIXON, J., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. DAVIS
(Jul 17, 1973)