{
  "id": 2630101,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROGER L. HULL, Defendant-Appellant",
  "name_abbreviation": "People v. Hull",
  "decision_date": "1976-03-15",
  "docket_number": "No. 75-412",
  "first_page": "152",
  "last_page": "153",
  "citations": [
    {
      "type": "official",
      "cite": "36 Ill. App. 3d 152"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
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      "reporter": "Ill. App. 3d",
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      ]
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    {
      "cite": "322 N.E.2d 77",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1974,
      "opinion_index": 0
    },
    {
      "cite": "24 Ill. App. 3d 851",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        5309799
      ],
      "year": 1974,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/24/0851-01"
      ]
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  "last_updated": "2023-07-14T20:55:53.941211+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. ROGER L. HULL, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE ALLOY\ndelivered the opinion of the court;\nThis is an appeal from a sentenqe imposed by the Circuit Court of Henry County which followed a plea of guilty to the charge of battery. Defendant Roger L. Hull was placed on probation for one year. On June 16, 1975, the People filed a petition to revoke defendant\u2019s probation. On September 30, 1975, defendant\u2019s probation was revoked by the Circuit Court of Henry County and defendant was sentenced to a term of 364 days in an institution other than a penitentiary.\nOn appeal in this court now, defendant contends that he should have been credited with probation time. The trial court, at the time it sentenced defendant to 364 days, made no statement as to whether or not defendant should be credited with time served on probation. Defendant contends that he should be credited with the time served on probation of 228 days. Under the previous statute, defendant was credited with time served on probation as against the sentence of imprisonment. (People v. O\u2019Meara (1974), 24 Ill. App. 3d 851, 322 N.E.2d 77; People v. Klytta (1974), 24 Ill. App. 3d 472, 321 N.E.2d 323.) The statute was amended on July 1, 1974, to provide that defendant \u201cshall be credited\u201d by the court as against his sentence of imprisonment unless the court orders otherwise. (Ill. Rev. Stat. 1975, ch. 38, \u00a71005 \u2014 6\u20144(a).) The State\u2019s Attorney of Henry County agrees with the position taken by the defendant in this case and states that the State will offer no objection to a finding based on the request of defendant for credit of 228 days served on probation.\nWe agree that, since the trial court made no directive or statement with respect to whether defendant should be credited for time served on probation, the mandatory statutory language controls and defendant is entitled to be credited with time served on probation.\nThe sentence imposed by the Circuit Court of Henry County is modified to provide that defendant is credited with the time served on probation of 228 days, as against the sentence imposed in this cause of 364 days.\nSentence modified.\nSTOUDER and BARRY, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE ALLOY"
      }
    ],
    "attorneys": [
      "David L. Thompson, of Winstein, Kavensky, Wallace & Doughty, of Rock Island, for appellant.",
      "William K. O\u2019Connor, State\u2019s Attorney, of Cambridge, for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROGER L. HULL, Defendant-Appellant.\nThird District\nNo. 75-412\nOpinion filed March 15, 1976.\nDavid L. Thompson, of Winstein, Kavensky, Wallace & Doughty, of Rock Island, for appellant.\nWilliam K. O\u2019Connor, State\u2019s Attorney, of Cambridge, for the People."
  },
  "file_name": "0152-01",
  "first_page_order": 178,
  "last_page_order": 179
}