APPEAL from the Circuit Court of Macon County; the Hon. RODNEY
A. SCOTT, Judge, presiding.
MR. JUSTICE CRAVEN DELIVERED THE OPINION OF THE COURT:
The defendant was indicted for burglary. Upon his plea of guilty, he was placed on probation for a period of one year. Thereafter, within the one-year period, it was alleged that he violated the terms and conditions of his probation in that he did "commit the offense of Burglary, in that he entered the building known as Young's Laundry Village, located at 2510 East William Street, Decatur, Illinois, in case number 69-CR-1787." The alleged probation violation was set for hearing on January 19, 1970. The record of that hearing indicates as follows:
"THE COURT: What is the next matter, Mr. Fuller?
MR. FULLER [defense counsel]: Tempel. This is on another file.
MR. SEE [Assistant State's Attorney]: 69-CR-1288.
THE COURT: All right. On the criminal docket 69-CR-1288, People versus Michael Eugene Tempel.
MR. FULLER: There is a report of violation of probation filed.
THE COURT: Yes, I'm looking at the docket sheet, and on December 5 there was shown a report filed, bond fixed, and thereafter counsel appointed; on December 11th was called for hearing and cause continued to today [January 19, 1970], and now then, what is called up is a hearing on that alleged violation. Is that right, Mr. Fuller?
MR. FULLER: Yes, Your Honor, the defendant admits that he has violated the terms and conditions of his probation in the manner as set forth in that report.
THE COURT: All right, let the record show that the report of violation is again called for hearing. The defendant admits the alleged violation, to-wit: that he has violated his probation by committing another criminal offense as set forth in 69-CR-1787.
With that admission let's go to Mr. See of the State's Attorney's office as to the disposition to be made as to this violation.
MR. SEE: Court please, the People feel this should be treated as grounds for termination and revocation of probation, and feel that sentence should be imposed at this time.
THE COURT: The position of your office is that this is a matter of substance and sentence ...