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People v. Wurster

OPINION FILED JUNE 17, 1981.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

DAVID WURSTER ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Tazewell County; the Hon. IVAN L. YONTZ, Judge, presiding.

MR. JUSTICE STOUDER DELIVERED THE OPINION OF THE COURT:

Defendants David and Linda Wurster were convicted of theft by deception (Ill. Rev. Stat. 1979, ch. 38, par. 16-1(b)) following a jury trial in Tazewell County. Specifically, they were convicted of obtaining $21,199.20 in workmen's compensation benefits from Caterpillar Tractor Company by falsely representing that David Wurster's back injuries were suffered at work. The defendant's convictions and sentences were affirmed on appeal. People v. Wurster (1980), 83 Ill. App.3d 399, 403 N.E.2d 1306.

Following their unsuccessful appeal, the defendants moved for return of their respective appeal bonds, David's in the amount of $2,000 and Linda's in the amount of $500. After a hearing, the trial judge denied their motion and ordered their bonds paid to Caterpillar in partial satisfaction of the restitution orders imposed on the defendants at sentencing.

In this appeal the defendants challenge the trial judge's order and ask that their appeal bonds be returned to them. To facilitate review of this issue, as well as issues raised by the State, the following chronology of events is given:

October 1978 Defendants' jury trial and conviction of theft by deception;

November 18, 1978 David Wurster files for bankruptcy;

January 5, 1979 David sentenced to two to six years imprisonment and ordered to pay restitution to Caterpillar in the amount of $21,199.20;

January 8, 1979 David posts appeal bond in the amount of $2,000;

January 9, 1979 David discharged in bankruptcy;

February 2, 1979 Linda sentenced to four years probation and ordered to pay restitution to Caterpillar to the best of her ability to pay;

February 16, 1979 Caterpillar files a claim against David's appeal bond;

March 9, 1979 Linda posts appeal bond in the amount of $500;

March 13, 1979 Caterpillar files a claim against Linda's appeal bond;

May 14, 1979 Linda and David assign their appeal bonds to Daniel Hardy, their ...


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