{
  "id": 2667188,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Walter Lee Spinnie, Defendant-Appellant",
  "name_abbreviation": "People v. Spinnie",
  "decision_date": "1972-10-03",
  "docket_number": "No. 71-85",
  "first_page": "711",
  "last_page": "712",
  "citations": [
    {
      "type": "official",
      "cite": "7 Ill. App. 3d 711"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 203,
    "char_count": 2424,
    "ocr_confidence": 0.754,
    "sha256": "0f722797d5e4e42c077c28c0275b30ae9b3f93d1b9ecb88eaf91db18d0f025a5",
    "simhash": "1:757b60b8f9c22cde",
    "word_count": 406
  },
  "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. Walter Lee Spinnie, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE GEORGE J. MORAN\ndelivered the opinion of the court:\nDefendant appeals from a judgment of the Mai court of Randolph County revoking probation granted to him on his plea of guilty to the crime of forging a check in the amount of $14.25 in violation of Ill. Rev. Stat., ch. 38, par. 17 \u2014 3 (a) (1), on August 27, 1970.\nDefendant argues that the trial court abused its discretion in revoking his probation and that, in any event, a sentence of two to five years for the offense of forgery was excessive.\nAlthough the question is a close one, we are unable to say that the trial court abused its discretion in revoking defendant\u2019s probation. However, we believe defendant\u2019s contention with reference to the length of sentence is well taken.\nAfter the trial judge had announced that he was revoking defendant\u2019s probation, the chief probation officer of the 20th Circuit, without any verification was permitted to recite into the record that the defendant had been incarcerated for several offenses, and then the following transpired:\n\u201cBy the Court: What was that last sentence?\nMr. Lacquet: One to five.\nBy the Court: For what crime?\nMr. Lacquet: For burglary. At the age of 25, in Perry County, seven months at Vandalia for attempted escape and auto theft.\nMr. Gandy: I disagree with that last one. I happened to represent Mr. Spinnie. There was no auto theft charge. The auto theft charge, your Honor, was dismissed. He was incarcerated on a charge of auto theft, but he was not convicted of auto theft.\nMr. Lacquet: Then seven months for attempted escape. This is all I got from Don Johnson.\nMr. Gandy: The records cannot be accurate.\nBy the Comt: That\u2019s sufficient. I understand your point Mr. Spinnie, you have anything you wish to say before the Comt imposes sentence in this case?\nDefendant Spinnie: No.\u201d\nUnder the circumstances of this case, we believe there should be a substantial reduction in defendant\u2019s sentence. We therefore modify the sentence imposed, reducing the minimum from two years to one year and the maximum from five years to three years.\nJudgment affirmed as modified.\nEBERSPACHER and CREBS, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE GEORGE J. MORAN"
      }
    ],
    "attorneys": [
      "Kenneth L. Jones, of Defender Project, of Mt. Vernon, for appellant.",
      "Don P. Koeneman, State\u2019s Attorney, of Chester, for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Walter Lee Spinnie, Defendant-Appellant.\n(No. 71-85;\nFifth District\nOctober 3, 1972.\nKenneth L. Jones, of Defender Project, of Mt. Vernon, for appellant.\nDon P. Koeneman, State\u2019s Attorney, of Chester, for the People."
  },
  "file_name": "0711-01",
  "first_page_order": 733,
  "last_page_order": 734
}