[DOWNLOAD] "People v. Stueve" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free

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eBook details

• Title: People v. Stueve
• Author : Supreme Court of Illinois
• Release Date : January 23, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The defendant, William Stueve, as a part of a plea agreement, pleaded guilty in the Livingston County circuit court on May 10, 1974, to separate counts of an indictment charging the unlawful possession of a controlled substance and the attempted delivery of a controlled substance. The State nol-prossed a third count alleging attempted delivery to a second person. Stueve was sentenced to 2 years' probation with the first 31 days to be served in the county jail. He did not appeal. On March 11, 1975, the State filed a petition to revoke probation, alleging that Stueve committed theft of over $150 on or about September 19, 1974. At the hearing thereon Stueve admitted his plea of guilty and conviction of that offense, his probation was revoked, and a single sentence of 2 to 6 years, with credit for the time spent on probation, was imposed. Stueve appealed therefrom. The Appellate Court for the Fourth District, in a Rule 23 order, affirmed the possession conviction and reversed the conviction for attempted delivery (32 Ill. App.3d 1090). We allowed the State's petition for leave to appeal. The appellate court stated as its reason for reversing the attempted delivery conviction that the facts supporting the charges were insufficient to show that the two offenses were not part of a single transaction and were independently motivated. Those facts, as related to the court by the State's Attorney and agreed to by defendant and his counsel were:

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