{ "id": 5309752, "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Sammie Strickland, Defendant-Appellant", "name_abbreviation": "People v. Strickland", "decision_date": "1974-11-27", "docket_number": "No. 12373", "first_page": "560", "last_page": "563", "citations": [ { "type": "official", "cite": "24 Ill. App. 3d 560" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "280 N.E.2d 728", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "235 N.E.2d 393", "category": "reporters:state_regional", "reporter": "N.E.2d", "pin_cites": [ { "page": "396" } ], "opinion_index": 0 }, { "cite": "93 Ill.App.2d 283", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 2644876 ], "pin_cites": [ { "page": "288" } ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/93/0283-01" ] } ], "analysis": { "cardinality": 381, "char_count": 5893, "ocr_confidence": 0.719, "pagerank": { "raw": 3.0311701084067854e-07, "percentile": 0.8546193233659568 }, "sha256": "68c67be3e0fbb446127eb125a2e0a883ebf3a6f18ced397c1702b594a21f963d", "simhash": "1:000a448d7c29aa27", "word_count": 947 }, "last_updated": "2023-07-14T15:53:16.970085+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "The People of the State of Illinois, Plaintiff-Appellee, v. Sammie Strickland, Defendant-Appellant." ], "opinions": [ { "text": "\u2019 Mr. JUSTICE SIMKINS\ndelivered the opinion of the court:\nDefendant, Sammie. Strickland, appeals from a sentence imposed upon him of 6 to 18. years after revocation of his probation. The only issue presented to this court is whether the trial court abused its discretion in imposing such a sentence upon probation revocation.\nOn May 26, 1972, defendant pleaded guilty to the offense of robbery in violation of section 18 \u2014 1 of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 18 \u2014 1). Pursuant to plea negotiations with the State defendant was sentenced to,. 3 years\u2019 probation conditioned upon 6 months\u2019 imprisonment. Defendant was 17 years of age at the time of the offense, and the charge arose from a purse-snatching incident in Springfield, Illinois. On April 27, 1973, a six-count petition to revoke probation was filed alleging that defendant had committed the offense of burglary, various thefts, and,had obtained control over a stolen vehicle (in addition to failing to report to his probation officer). The revocation petition set forth the particulars of the various acts alleged. A hearing was held on.May 29 and 30,, 1973, and defendant was found guilty of violating his probation on all counts. A sentencing hearing was held on July 2, 1973, at which time, the State presented no evidence in aggravation but did-request a 6- to;.18-year sentence stating \u201ca e * Rut, in light of the fact that the.defendant was convicted of charges, and a total, I believe, Your Honor, of six different charges, all constituting felony offenses involving three entirely separate and distinct incidents, I believe, your Honor, that the appropriate penalty is in fact incarceration \u00b0 (Emphasis added.) The presentence report of the probation officer recommended incarceration. Defense counsel presented no evidence in mitigation .hut did state that defendant was now 18 years of age and would like to continue on probation in , order to secure a job and get married. .The court then stated;\n\u201cThe Court: I can\u2019t do that [set aside the order revoking proba- \u25a0 tion], I think with all of the violations. that, the defendant has committed, that he is guilty of \u2014 uh\u2014a conduct that justified my revoking his probation and I don\u2019t think I should set it aside.' \u2019\nDefendant was then sentenced to 6 to 18 years\u2019 imprisonment with credit for over a year spent on probation.\nDefendant contends that the trial judge abused his discretion in imposing sentence. On the basis of the record before us, we agree. In People v. White, 93 Ill.App.2d 283, 288, 235 N.E.2d 393, 396 ( 4th Dist.), this court stated:\n\u201cIt is clear that upon revocation of probation, sentence may be imposed for the original offense upon the conviction of which defendant was granted probation. If the act aHeged to be a violation of probation constitutes another crime and sentence is to be imposed for the subsequent act, the defendant should be tried for such crime and sentence imposed under the orderly criminal processes. This does not preclude sentence on the original offense and the distinction is drawn so as to obviate any question of double jeopardy. [Citation.]\nThis court went on to state that an appellate court is compelled to scrutinize the sentence imposed by the trial court where an examination of the record reveals that in the sentencing process \u201cthere was a commingling of matters relating to the original offense with the conduct allegedly constituting the violation of probation * *\nOn the basis of.the record before us in the instant case, we feel compelled to closely scrutinize the sentence imposed because of the possibility of such commingling. Defendant was 17 years of age when the offense was committed, no physical injury resulted to the victim of the crime, and it was defendant\u2019s first offense. At the sentencing hearing the State presented no evidence in aggravation but did call to the court\u2019s attention the fact that probation had been revoked because defendant was \u201cconvicted\u201d of six different charges. Nevertheless, the record does not disclose any disposition of the six counts giving rise to the probation revocation. The court made no finding in imposing sentence except to state that defendant was not justified in returning to probation because \u00f3f his probation violations.\nThe offense of robbery is a Class 2 felony for which \u201cthe minimum teim shall. be' 1 year unless the court, having regard to the nature and circumstances of the offense and the history and character of defendant, sets a higher minimum term * # (Ill. Rev. Stat. 1973, ch. 38, par. 1005 \u2014 8\u20141(c)(3).) In imposing sentence, either initially or upon revocatio\u00fa of probation, the penalty provisions for the offense in question and the statutory reasons for increasing the minimum sentence should be the guiding light. However, a trial judge may consider a defendant\u2019s conduct while on probation in order to reflect the court\u2019s reassessment of defendant\u2019s \u201crehabilitation potential.\u201d (People v. Ford, 4 Ill.App.3d,291, 280 N.E.2d 728.) Nevertheless, the sentence imposed here cannot be explained under any of these relevant factors, and the possibility of an improper commingling of the initial offense and the conduct giving rise to the probation revocation is clearly present. Therefore, a new sentencing hearing is required.\nAccordingly, the sentence is vacated, and the cause is remanded for a new sentencing hearing in conformity with the views expressed herein.\nReversed and remanded.\nSMITH, P. J., and TRAPP, J., concur.", "type": "majority", "author": "\u2019 Mr. JUSTICE SIMKINS" } ], "attorneys": [ "John F.' McNichols and J. Daniel Stewart, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.", "C. Joseph Cayanagh, State\u2019s Attorney, of Springfield (J. William Roberts, Assistant.State\u2019s Attorney, of counsel), for the People." ], "corrections": "", "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Sammie Strickland, Defendant-Appellant.\n(No. 12373;\nFourth District\nNovember 27, 1974.\nJohn F.' McNichols and J. Daniel Stewart, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nC. Joseph Cayanagh, State\u2019s Attorney, of Springfield (J. William Roberts, Assistant.State\u2019s Attorney, of counsel), for the People." }, "file_name": "0560-01", "first_page_order": 584, "last_page_order": 587 }