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People v. Coffman

JUNE 1, 1967.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

KENNETH COFFMAN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Piatt County; the Hon. BURL A. EDIE, Judge, presiding. Reversed and remanded.

SMITH, J.

The defendant, a seventeen-year-old high school student, pleaded guilty to a charge of deceptive practices in writing a $10 check on his older brother's account and was placed on probation. Six weeks later, the probation was revoked and the defendant was sentenced to the Illinois State Farm at Vandalia, Illinois, for one year. In appealing from this order, his principal contention is that he was denied procedural due process of law in that the revocation order was entered without benefit of counsel.

The revocation proceedings was instituted by an unverified motion of the probation officer charging that the defendant was not at his home during the entire night of September 30, and during the entire night of October 1, and that such conduct on his part violated the provisions of the probation order which required the defendant to be at his place of residence between the hours of 11:00 p.m. and sunrise each and every night unless he had the consent of the probation officer to do otherwise. On the call of the motion, the defendant appeared in open court along with the State's Attorney and the defendant was presented with a copy of the motion to revoke probation. At the court's direction, the State's Attorney then read the entire motion to revoke in open court. Thereupon the following proceedings were had:

"The Court: What is your pleasure about this? Do you want a hearing? Do you want to confess it or what do you want to do?

"(Hesitation by the defendant — he does not answer)

"The Court: You understand you are entitled to a hearing on this?

"Defendant: Yeh.

"The Court: But it is a hearing before the Court and not before a jury.

"(The defendant is not responsive)

"The Court: I am waiting for your reply. I want to give you full time to consider it, if you want further time to consider it I will give it to you. If the facts are true. . . .

"Defendant: (Interpose) They are true.

"The Court: You admit the statements as set forth in the Motion as being true and correct?

"Defendant: Yes.

"The Court: ...


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