{
  "id": 2670405,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Edward J. Clyne, Defendant-Appellant",
  "name_abbreviation": "People v. Clyne",
  "decision_date": "1972-08-30",
  "docket_number": "No. 71-338",
  "first_page": "121",
  "last_page": "123",
  "citations": [
    {
      "type": "official",
      "cite": "7 Ill. App. 3d 121"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "4 Ill.App.3d 291",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2916045
      ],
      "pin_cites": [
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          "page": "293"
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      "case_paths": [
        "/ill-app-3d/4/0291-01"
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  "last_updated": "2023-07-14T16:18:17.074050+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. Edward J. Clyne, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE SEIDENFELD\ndelivered the opinion of the court:\nDefendant appeals from a sentence of 3-5 years imposed upon the revocation of probation previously granted on a plea of guilty to the crime of burglary.\nThe then 18-year-old defendant pled guilty on May 15th, 1970, and on June 12th, 1970, was placed on probation for 3 years under the supervision of Genesis House in Rockford. On June 19th, 1970, a petition to revoke probation based upon defendant\u2019s deviation from the imposed standards of conduct at the home was filed. On August 28th, 1970, the court denied the revocation petition, but changed the supervision of defendant to the Renaissance House in Peoria. At this hearing the State\u2019s Attorney, who had not opposed probation originally, recommended a 1-3 year sentence, but suggested that if the defendant were back on a revocation again, the State would take a different viewpoint and would most likely recommend a higher sentence. To this the court responded,\n\u201cYou would have to. I wouldn\u2019t be inclined to give him a minimum sentence, anybody who has had two chances and doesn\u2019t take them. Of course, we don\u2019t know what he is going to do the second time.\u201d\nOn April 26th, 1971, an amended motion to revoke probation was filed and, thereafter granted by the court upon a showing that on February 11th, 1971, the defendant had been convicted of petty theft in California after his unauthorized departure from Renaissance House.\nDefendant argues that the record establishes that prior to the burglary conviction, he was in no trouble, was nonviolent, not a drug user, only needed a physical education course to complete his high school credits, and was characterized by the court as \u201ca generally decent fellow\u201d. Defendant does not contest the grounds for revocation, but urges that the court was, in effect, punishing him for the subsequent offense.\nIt is clear that sentence to be imposed upon revocation of probation must be for the original crime and that the sentence may not exceed the maximum penalty for the offense of which the probationer was convicted. Ill. Rev. Stat. 1969, ch. 38, sec. 117 \u2014 3(d).\nThe clear inference from the court\u2019s remarks at the first revocation hearing that it wouldn\u2019t be inclined to give the defendant a minimum sentence if he didn\u2019t take the second chance given him, forces us to conclude that the judge did take the subsequent offense in California into account in fixing the sentence. We believe that the court has a right to do this in establishing the maximum term the defendant is to serve for the original offense. What a defendant does while on probation must reasonably have a bearing upon his potential for rehabilitation which the court is assessing in determining the maximum penalty. (See People v. Ford (1972), 4 Ill.App.3d 291, 293.) But on this record we have a quite clear indication that the court would have considered a less severe sentence for the original offense. A low minimum sentence would have been consistent with the youth of the offender, the fact that it was his first offense, the nature of the offense, and the court\u2019s general assessment of the defendant as a \u201cdecent fellow\u201d.\nWhUe not conceding that the sentence was improper, the State has suggested that a 2-5 year sentence would be appropriate if we are to reduce the sentence.\nWe exercise our power under Ill. Rev. Stat. 1969, ch. 110A, sec. 615(b) (4), and reduce the minimum sentence to 2 years with the maximum to remain at 5 years. The sentence is modified accordingly and, as modified, is affirmed.\nAffirmed as modified.\nGUILD and T. MORAN, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE SEIDENFELD"
      }
    ],
    "attorneys": [
      "Frank Wesolowski, Jr., Public Defender, of Wheaton, (Robert H. Heise, Deputy Public Defender, of counsel,) for appellant.",
      "William V. Hopf, State\u2019s Attorney, of Wheaton, (Malcolm F. Smith, Assistant State\u2019s Attorney, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Edward J. Clyne, Defendant-Appellant.\n(No. 71-338;\nSecond District\nAugust 30, 1972.\nFrank Wesolowski, Jr., Public Defender, of Wheaton, (Robert H. Heise, Deputy Public Defender, of counsel,) for appellant.\nWilliam V. Hopf, State\u2019s Attorney, of Wheaton, (Malcolm F. Smith, Assistant State\u2019s Attorney, of counsel,) for the People."
  },
  "file_name": "0121-01",
  "first_page_order": 143,
  "last_page_order": 145
}