{
  "id": 2865644,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Thomas James Kimsey, Defendant-Appellant",
  "name_abbreviation": "People v. Kimsey",
  "decision_date": "1975-04-17",
  "docket_number": "No. 12934",
  "first_page": "506",
  "last_page": "507",
  "citations": [
    {
      "type": "official",
      "cite": "27 Ill. App. 3d 506"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "60 Ill.2d 246",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        5414169
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/60/0246-01"
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    {
      "cite": "309 N.E.2d 80",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "17 Ill.App.3d 960",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2509061
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      "opinion_index": 0,
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        "/ill-app-3d/17/0960-01"
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  "last_updated": "2023-07-14T15:22:05.356803+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. Thomas James Kimsey, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE CRAVEN\ndelivered the opinion of the court:\nThe defendant entered a .plea of guilty to the charged offense of theft under $150 and was sentenced to 12 months in the Vandalia State Penal Farm. -Upon this appeal, he contends that since the record on appeal contains no transcript of the hearings at the proceedings that resulted in the defendant\u2019s plea- of guilty, the defendant has been denied due process and equal protection of the law. The defendant relies upon the opinion of this court in People v. Young, 17 Ill.App.3d 960, 309 N.E.2d 80, in which we so held. The defendant in his brief points out that the opinion in Young had been appealed to and was at the time of the writing of his brief pending on the advisement docket of the Illinois Supreme Court. The Illinois Supreme Court has now filed an opinion in consolidated case Nos. 46529, 46634, 46657, and the opinion of this court in Young (46657) was reversed (People v. Hopping, 60 Ill.2d 246), the court specifically holding that neither the State or Federal Constitution requires that misdemeanants be furnished with verbatim transcripts of the proceedings at which they acknowledge their guilt.\nThe only other issue on this appeal is the contention by th\u00e9 defendant, concurred in by the People, that the sentence exceeds the statutory maximum. The offense charged is a Class A -misdemeanor, the penalty for which permits of incarceration for any term less than 1 year.- The sentence here imposed is in excess of that authorized by statute. Accordingly, the judgment of conviction is. affirmed, the sentence is. vacated, and the cause is remanded to the circuit court of Woodford County for reimposition of sentence as provided by law.\nJudgment of conviction affirmed, sentence vacated, cause remanded with directions.\nTRAPP, P. J., and GREEN, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE CRAVEN"
      }
    ],
    "attorneys": [
      "Richard J. Wilson and Richard E. Cunningham, both of State Appellate Defenders Office, of Springfield, for appellant.",
      "Richard W. Leiken, State\u2019s Attorney, of Eureka (G. Michael Prall, of Illinois State\u2019s Attorneys Association, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Thomas James Kimsey, Defendant-Appellant.\n(No. 12934;\nFourth District\nApril 17, 1975.\nRichard J. Wilson and Richard E. Cunningham, both of State Appellate Defenders Office, of Springfield, for appellant.\nRichard W. Leiken, State\u2019s Attorney, of Eureka (G. Michael Prall, of Illinois State\u2019s Attorneys Association, of counsel), for the People."
  },
  "file_name": "0506-01",
  "first_page_order": 532,
  "last_page_order": 533
}