APPEAL from the Circuit Court of Jersey County; the Hon.
HOWARD LEE WHITE, Judge, presiding.
MR. JUSTICE SIMKINS DELIVERED THE OPINION OF THE COURT:
On July 7, 1966, defendant was indicted for burglary and theft. On February 28, 1967, the defendant entered a plea of guilty to the burglary charge and was admitted to probation for a period of 5 years, the first year to be spent at the Illinois State Farm at Vandalia, Illinois. The theft charge was then dismissed.
On April 22, 1969, a Criminal Complaint was filed which charged defendant with theft over $150. On May 22, 1969, the People filed a Petition to Revoke Probation, this Petition was based upon the theft described in the Criminal Complaint. On July 11, 1969, defendant's probation was extended for a three year period commencing July 11, 1969, with the first year to be spent at the Illinois State Farm at Vandalia, Illinois.
On December 2, 1970, another Motion to Revoke defendant's probation was filed, alleging that defendant had, on November 26, 1970, stolen an outboard motor of value in excess of $150.
On December 3, 1970, defendant appeared in open court, was handed a copy of the Motion to Revoke and was advised that hearing on the Motion was set for December 22, 1970, at 9:30 A.M. On being advised of his right to counsel, and that the Court would appoint counsel if the defendant was indigent, defendant responded that he had already secured counsel, a Mr. Wiseman.
Defendant's arrangements with Mr. Wiseman apparently having fallen through, he again appeared in open court on December 15, 1970, and requested appointment of counsel. The Court thereupon appointed attorney Phillip Moore. Asked defendant if the appointment of Moore met with his (defendant's) approval and defendant answered "Fine". Moore had previously represented defendant in the proceedings to revoke defendant's probation in 1969.
On December 21st, the defendant again appeared in open court and requested a continuance. The record does not disclose the basis for the request. Defendant's counsel was present, but the request seems to have been that of defendant himself. Counsel made no request. The motion was denied.
When the Motion to Revoke Probation was called for hearing on December 22, 1970, the record shows the following:
"THE COURT: I have been informed by Mr. Moore that you have fired Mr. Moore, is that right, Mr. Slaten?
THE COURT: We will go ahead and have the hearing, and it will be the Order of the Court that Mr. Moore will be available to you, Mr. Slaten.
If he has any question concerning any legal matters concerning this hearing, you will be available to him, Mr. Moore.
MR. MOORE: I only advise him when he asks questions, is that right?
THE COURT: That's right. Let the record show, Petition to Revoke Probation called for hearing. Present in Court the defendant, pro se. Present also, the State's Attorney, Alvin H. Petitt.