{
  "id": 5408756,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Gary P. Hanks, Defendant-Appellant",
  "name_abbreviation": "People v. Hanks",
  "decision_date": "1975-05-22",
  "docket_number": "No. 12811",
  "first_page": "586",
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      "cite": "17 Ill.App.3d 633",
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  "last_updated": "2023-07-14T21:36:05.902616+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Gary P. Hanks, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE SIMKINS\ndelivered the opinion of the court:\nDefendant-appellant Gary P. Hanks was tried before a jury, and convicted of the crime of burglary. On October 6, 1972, he was sentenced to an indeterminate term of 1 year and 6 months to 3 years. The conviction was affirmed on direct appeal. (People v. Hanks, 17 Ill.App.3d 633, 307 N.E.2d 638.) Defendant filed a post-conviction petition on June 11, 1974, the People filed a motion for substitution of judge on July 22, 1974, which motion was denied on July 23, 1974, and the motion to dismiss the petition was allowed on July 23, 1974. Defendant\u2019s appeal was pending in this court as of January 1, 1973, the effective date of the Unified Code of Corrections. Ill. Rev. Stat. 1973, ch. 38, \u00a7 1008 \u2014 6\u20141.\nBurglary is a Class 2 felony. (Ill. Rev. Stat. 1973, ch. 38, \u00a7 19 \u2014 1(b).) The maximum term which may be imposed for a Class 2 felony is any term in excess of 1 year but not to exceed 20 years, provided that if the minimum term imposed exceeds 1 year that term shall not be greater than one-third of the maximum term imposed. Ill. Rev. Stat. 1973, ch. 38, \u00a7 19 \u2014 1(b).\nDefendant here contends that his direct appeal was pending on January 1, 1973, the effective date of the Unified Code of Corrections, and that under section 8 \u2014 2\u20144. and the holdings in People v. Harvey, 53 Ill. 2d 585, 294 N.E.2d 269, and People v. Chupich, 53 Ill.2d 572, 295 N.E.2d 1, he is entitled to have his minimum sentence reduced to one year to comply with the one-third requirement contained in section 5 \u2014 8\u20141(c) (3) (Ill. Rev. Stat. 1973, ch. 38, \u00a7 1005 \u2014 8\u20141(c)(3)), and that he may accomplish this result by means of a post-conviction proceeding. There being no claim that the sentence imposed was harsh, oppressive and not proportionate to the offense committed, People v. Null, 13 Ill.App.3d 60, 299 N.E.2d 792, and People v. Rife, 18 Ill.App.3d 602, 310 N.E.2d 179 dispose of this contention contrary to defendant\u2019s claim. Parenthetically we note that defendant has been granted parole upon the expiration of his minimum term and that he is presently in custody of the Chicago Metro Work Release program.\nThe petition was properly dismissed by the trial court without evidentiary hearing, and it is unnecessary for us to pass upon defendant\u2019s argument that the petition should have been ruled upon by the same judge who presided during the trial before the jury.\nJudgment affirmed.\nCRAVEN and TRAPP, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE SIMKINS"
      }
    ],
    "attorneys": [
      "Francis J. Davis, of Auler Law Offices, of Urbana, for appellant.",
      "James R. Burgess, Jr., State\u2019s Attorney, of Urbana (G. Michael Prall, John W. Foltz, and Kai A. Wallis, all of Illinois State\u2019s Attorneys Association, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Gary P. Hanks, Defendant-Appellant.\n(No. 12811;\nFourth Distinct\nMay 22, 1975.\nFrancis J. Davis, of Auler Law Offices, of Urbana, for appellant.\nJames R. Burgess, Jr., State\u2019s Attorney, of Urbana (G. Michael Prall, John W. Foltz, and Kai A. Wallis, all of Illinois State\u2019s Attorneys Association, of counsel), for the People."
  },
  "file_name": "0586-01",
  "first_page_order": 610,
  "last_page_order": 611
}