APPEAL from the Circuit Court of Cook County; the Hon. JAMES
BAILEY, Judge, presiding.
MR. JUSTICE RIZZI DELIVERED THE OPINION OF THE COURT:
Defendant Lee Felton appeals from a judgment of the circuit court of Cook County revoking his probation and sentencing him to a term of 3 to 9 years. On appeal, the defendant contends that the probation revocation proceeding was deficient because the State failed to offer any evidence on the matters which formed the basis of the revocation petition. We affirm.
On January 19, 1976, defendant was convicted of theft and sentenced to 5 years probation. On April 15, 1976, the State filed a petition to revoke his probation alleging that the defendant violated the conditions. The petition states the following grounds:
"He has never reported to his probation officer as ordered by rule of the court.
Also, in that on March 18, 1976, the defendant as Anthony Anderson, appeared in Branch #64, to answer to the charge of criminal trespass to vehicle, case #76 I 428587-01-02, at which time he plead[ed] guilty and was sentenced to thirty days in the House of Correction, considered served. Date of arrest was February 18, 1976. The defendant has been notified by mail to be present at this court hearing."
At the hearing for revocation of probation, the proceedings commenced as follows:
"THE CLERK: People of the State of Illinois versus Lee Felton.
THE COURT: There will be a finding of guilty on the violation of probation. Do you stipulate that he was the same
[DEFENSE COUNSEL]: This is the case in which Mr. Felton was put on Judge Bailey's probation on the pending case, but an information was filed against him out in the 6th Municipal District for an auto theft case and there was a jury trial before Judge Sullivan and it comes before this Court after Mr. Felton was, in fact, convicted.
Mr. Felton would be stipulating at this time without actually stipulating to any of the alleged facts in the State's case, that the State could bring in a certified copy of that conviction and that he is the man who was convicted before Judge Sullivan.
THE COURT: Based upon that there is a finding of guilty of the V.O.P. [violation of probation] and the defendant is going to waive his pre-sentence? They had a pre-sentence out in the District, is that correct?
[DEFENSE COUNSEL]: That is correct and he is also on Your Honor's probation."
No evidence other than the stipulation was presented. After a few brief comments, the trial court imposed the sentence of 3 to 9 years to be served concurrently with the sentence received on the auto theft conviction in the Sixth Municipal District.
Defendant admits that the stipulation entered into by his attorney provides that he was convicted of another offense while on probation. But he contends that there is a fatal variance between the allegations in the revocation petition and the stipulation entered into at the hearing. He argues that the State did not prove either the failure to report to his probation officer or the plea of guilty in the criminal trespass to vehicle charge; ...