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eBook details

• Title: People v. Breen
• Author : Supreme Court of Illinois
• Release Date : January 26, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

A complaint was filed in the circuit court of Cook County charging defendant, William (Billie) Breen, with theft, in violation of section 16-1(a) of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 16-1(a)). On January 9, 1974, after a bench trial, he was found guilty and sentenced to a term of 90 days in the House of Correction. The defendant then indicated a willingness to repay over a period of a couple of months the money allegedly taken, and the trial court vacated its finding of guilty, placing defendant on social service supervision, with restitution of one hundred eighty dollars, until February 7, 1975. The Appellate Court for the First District dismissed defendant's appeal, holding that since the trial court vacated the finding of guilty and sentence, the matter was still pending in the trial court, and there was no final judgment from which to appeal. (26 Ill. App.3d 547.) We allowed defendant's petition for leave to appeal. We view this case as an appropriate one for the exercise of our supervisory authority. (Ill. Const., art. VI, sec. 16; Supreme Court Rule 315(a) (Ill. Rev. Stat. 1973, ch. 110A, par. 315(a)); Brokaw Hospital v. Circuit Court of McLean County (1972), 52 Ill.2d 182.) Accordingly, we need not consider the question of the finality of the order from which an appeal was sought.

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